Attorneys who practice in the state of Connecticut have to follow certain Rules of Practice. The Rules of Practice advise an attorney of everything from when and how to file a lawsuit to what the evidentiary requirements are during trial. When an attorney agrees to handle a case for a client, they do so with the intention of pursuing the matter in accordance with the Rules of Practice.
Sometimes an attorney will screw up, make an error, incorrectly file a document or miss a filing deadline. These may not seem like significant errors, but they have the potential of being detrimental to a client’s case. For example, if an attorney fails to file the initial lawsuit before the statue of limitations, the client’s case may be dismissed and the injured client may not be able to seek recovery for their damages. This type of an error could result in a legal malpractice claim against the attorney.
The same type of error can occur even after the initial lawsuit paperwork has been filed. Another example would be if the opposing attorney files a motion that would dismiss the case; the Rules of Practice allow a certain amount of time for the client’s attorney to file a response. If the attorney fails to file a response, or misses the filing deadline, the client’s case may be dismissed and the attorney could be liable for legal malpractice.
The Rules of Practice don’t just apply to one type of case. Attorneys have to adhere to these rules for any type of action they file. The Circus is in Town – Divorce Litigation Style is an article addressing the procedures in family cases.
These unfortunate situations do happen. If they have happened to you, we can help. Contact our office today to discuss your legal malpractice options.
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