New Orleans, LA asked in Civil Litigation, Communications Law and Legal Malpractice for Louisiana

Q: tained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day

I obtained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day to answer. Me not knowing she gave such permission went on the record and obtained judgment. Opposing attorney is now filing for a vacate judgement so what are my legal grounds I can stand on? She gave me nothing in writing etc., I think I can go after her if judgement is overturned . Legal malpractice!

Any recommendations please?

2 Lawyer Answers

Peter N. Munsing

PREMIUM
Answered

A: No, it's not malpractice to give what are normal professional courtesies. If your former counsel gave the extension, and the other side relied on it, and they filed the answer in time, I suggest you tell them you will agree to vacate the judgment and allow them to answer--a judge will do it anyway, and your making them spend time and money to do it means you lose the chance to get them to owe you a favor when you need it--and that time will come in the litigation.

Robert Martin Louque Jr

Answered
  • Consumer Law Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: You have no legal grounds to stand on. Your attorney gave the other attorney a professional courtesy that is very common. I deal with lawsuit on old credit cards where I defend the consumer and we are routinely given additional time to answer if we ask for it.

You will not win any legal malpractice lawsuit.

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