Q: Is it normal for an attorney/law firm to ignore motions and notices in a civil case?
My wife and I were sued by someone who fell from a ladder at my current home while installing Xmas lights 2 years ago. We didn't own the home at the time of this accident so we're clearly not responsible here. At first I was confused and since they had improperly listed the venue as the county I used to live in, I thought it might be connected to my previous home. The Plaintiff's attorney/law firm has never reached out beyond being served with the original complaints and now a very sloppy discovery. I've filed an answer where I state, with various proof that I wasn't the owner. I've filed a motions to dismiss. I've sent a notice of pending motions to the attorney/law firm. Their disclosure was a mess as well, delivered right at the deadline, mistakenly included a detailed auto accident description with plaintiff's name, didn't include referenced medical bills, didn't even identify the hazard or how the owner should have known. Is this normal?
A:
No, this is not normal. The fact that the law firm sued the wrong person in the first place is your first clue that the lawyer handling the case on behalf of the plaintiff is careless. The fact the lawyer waited until the last day to serve disclosures and did a poor job is another.
In state court, Responses to motions tend to be due a certain number of days before the hearing date. The party filing the motion is responsible to obtain a setting from the court and to serve a notice of hearing. Sometimes, motions are filed but then "dropped" and never set for hearing. So I would not necessarily expect to receive a Response until after a hearing has been set and a notice has been sent. Most Texas state courts require a party to confer with opposing counsel and file a certificate of conference as a condition precedent to the court setting any motion for hearing.
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.