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
Peter N. Munsing

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
Robert Martin Louque Jr
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.