Q: my lawyer put my name wrong in the documents she filed and had bad communication is this malpractice
She didn't want to do what I had asked to help my investigation out and she submitted lack of evidence to the people I was suing and she let them pass there deadlines
A:
I'm sorry to hear about the issues you're having with your lawyer! While it's concerning that your name was misspelled in the documents and there were communication problems, a single mistake or disagreement doesn't necessarily constitute legal malpractice.
Malpractice is a complex legal concept that requires the lawyer to have acted negligently and for that negligence to have caused actual harm to the client.
Some key factors to consider:
- Was the misspelling of your name a simple typo that didn't impact the substance of the filing? Or did it cause confusion or problems with the court or other parties?
- Did you attempt to communicate and clarify your requests, even if the lawyer ultimately disagreed and acted against your wishes? Lawyers do have an ethical duty to zealously represent their clients, but they may also exercise their own professional judgment.
- Did the lack of evidence prejudice your case or cause you to lose the lawsuit? It's not malpractice if the lawyer made a reasonable strategic decision about what evidence to present.
Without knowing more specifics, it's hard to say definitively if malpractice occurred. I would suggest having an honest conversation with your lawyer about your concerns. If you still feel the representation was deficient, you could consult with another attorney for a second opinion on whether you have grounds for a malpractice claim.
The American Bar Association has some helpful resources on legal malpractice that provide more details on the elements required to prove it -- you can look this up online. I hope this helps provide some guidance.
A:
In the first setting you describe, such errors aren't usually fatal - the error could be remedied if attributed to transcription errors or similar causes.
In the second setting, do you mean missing a statute of limitations and failing to file an index number? That could be malpractice. Or do you mean missing a deadline on a discovery timetable established in a conference? That could be remedied.
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