Is It Legal Malpractice If My Lawyer Didn’t Show Up in Court?
Facing the legal system in almost any capacity is intimidating. And it can be far worse when you have to face a judge alone because your lawyer fails to show up.
You may wonder, What can I do if my lawyer didn’t show up in court? The answer might be for you to file a malpractice complaint.
However, a malpractice claim is not a worthwhile legal tactic for addressing an attorney mistake that simply inconveniences or frustrates you; filing a complaint is appropriate when the losses or pain your lawyer caused you translate into substantial financial harm.
Also, proceeding with this type of complaint can be challenging as it requires knowledge of the specific rules that apply to attorneys.
If you question whether your attorney has committed malpractice, you should speak to an experienced Connecticut legal malpractice attorney about your struggles with your former counsel. At StangerLaw LLC, we are trustworthy and loyal, and we have the knowledge and skill to help you hold your former attorney accountable for their failures.
What Happens If My Lawyer Doesn’t Show Up?
Aside from breaking your trust in a trying time, a lawyer who does not appear in court for you can create significant legal consequences that fall on your shoulders. If your attorney misses a court date on which you were ordered to provide crucial information about your case and you do not have the information with you, the court can hold you in contempt.
A missed court date could also mean a missed deadline that might foreclose your right to recover damages or relief in a claim. And if your attorney has established a pattern of skipping appearances, the judge or opposing counsel may become irritated and less willing to accommodate simple requests like stipulations and continuances.
Are you thinking, My lawyer missed my court date, and I don’t know what to do now? Well, the first thing you should do is consult with our legal malpractice attorney. StangerLaw LLC can research and investigate your case. We can file your malpractice complaint, collect the evidence necessary to prove your position, and fight for your rights.
Can I Sue If My Lawyer Didn’t Show Up in Court?
In many cases, you can sue if your lawyer does not appear in court for you when they should. But you are likely to succeed only if you can prove that you incurred serious damages from the blunder. Your complaint against your attorney can be based on negligence or a higher level of misconduct.
In a negligence case, you need to prove that your attorney breached a duty they owed you and that they caused you harm. Attorneys have many duties they owe to their clients, including the duty of diligence.
Under Rule 1.3 of the Connecticut Rules of Professional Conduct, your attorney must act promptly and reasonably when representing you. Missing a court date can be a clear breach of this rule. Also, Rule 1.4 of the Connecticut Rules of Professional Conduct requires lawyers to communicate with their clients about what is going on with their cases. If your lawyer didn’t show up to court, there is a good chance your attorney has unreasonably failed to communicate with you.
A lawyer owes many other duties to a client that they breach when they don’t show up in court. You do not have to determine your attorney’s breaches on your own. Instead, talk to a skilled legal malpractice attorney in Connecticut about your case and legal options.
Contact an Experienced Connecticut Legal Malpractice Attorney
At StangerLaw LLC, we make sure our clients can trust us with any legal challenge. We are not afraid to take other attorneys to task for their failure to live up to the standards of our profession. We are also passionate about protecting individuals facing the Connecticut legal system.
Bruce H. Stanger has over 45 years of experience and is ready to champion your rights in a legal malpractice claim. Call us today at (860) 561-0651 or fill out our online form to learn how we can help you.