Can I Sue My Lawyer for Missing a Deadline in Texas?
Every legal case involves deadlines related to court filings or negotiation. Can you sue your lawyer for missing one of them?
There is no single answer to this question. You can sometimes sue your lawyer if they end up losing the case or impairing your rights because they missed the deadline. In other situations, though, a client does not suffer any impairment, so they cannot make out a valid legal claim. Below, we look at some critical considerations.
Did You Lose Your Case Because of a Missed Deadline?
Not every missed deadline ends up hurting a client. Sometimes a lawyer who misses a deadline can get an extension or a judge will excuse the late filing. The real question is whether your lawyer’s mistake ended up harming your legal rights.
For example, a lawyer might have failed to file a personal injury lawsuit before the statute of limitations expires. Consequently, a judge dismisses the case with prejudice, which means you cannot refile later. You very well might be able to sue a lawyer for a missed deadline in that situation.
Are You to Blame for Your Lawyer Missing a Deadline?
Lawyers usually need information from clients in order to protect their rights. Before a lawyer can file a lawsuit, they might need information or documents from you. After all, every lawyer who files papers with a court is representing that they have investigated and confirmed the information contained in the filing.
If a client is to blame for the late filing, then they probably cannot sue their lawyer. The client is at fault, not the lawyer.
Did You Have a Valid Legal Claim?
You cannot sue a lawyer for missing a deadline if your case had no merit to begin with. At Pierce Law Firm, we need to dig into the facts of your case to determine if you had a solid legal claim.
Here is a common example. Your lawyer forgets to file a personal injury lawsuit before the statute of limitations expires. However, your legal claim is frivolous. You caused an accident while driving drunk and crashing into a driver who was stopped at a red light. In situations like these, you have no legal right to sue the motorist you struck, so the missed deadline did not cost you anything.
Most cases are not as black and white as the example above. Our firm wants to know more about the underlying legal claim to determine if missing the deadline really injured you.
What Steps Should You Take?
Few people know if they can bring a claim for legal malpractice. Fortunately, you can hire a lawyer who regularly handles these cases. At Pierce Law Firm, we excel at examining claims and determining if a disappointed client has a legal claim against their lawyer.
We need some basic information when you contact us:
- The name of the lawyer you want to sue.
- Why you hired the lawyer. Were you injured in an accident and hoping the lawyer could negotiate a settlement? Did you hire a lawyer to draft legal documents, like contracts?
- The dates when the lawyer represented you.
Contact Our Firm for Assistance
A Houston legal malpractice attorney at Pierce Law Firm can provide more targeted advice in a consultation. Reach out to our office today.
Source:
texas.public.law/statutes/tex._civ._practice_&_remedies_code_section_16.003