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Four Common Filing Errors That Can Ruin Your Legal Case

filing errors

filing errorsLosing a case or having it rejected by the court because of an attorney’s legal filing error leaves you cheated and angry. While you would expect an attorney to make sure his or her work is error-free, filing errors are more common than they should be and not limited to the least experienced attorneys.

Here are four of the most common filing errors that an attorney can make:

    1. The lawsuit is filed in the wrong court. Courts are very specific to jurisdictions. An attorney may file where the client lives rather than where the defendant lives or where the incident occurred. A case filed in the wrong jurisdiction may be either transferred or dismissed, which means you will need to refile in the correct jurisdiction — if there is still time under the governing statutes. At a minimum, that will require another filing fee.
    2. Action is filed against the wrong person or entity. There are cases where the filing should be against a company or entity, but they are filed against an individual. These cases can be easily dismissed by the defending party.
    3. The names are incorrect. Names listed on the legal filing are either misspelled or do not exactly match names printed on the summons.
    4. The wrong case type is listed on the civil case cover sheet. It must match the case type listed on the complaint. If they are different, the case may be rejected.

Getting Errors Corrected

Not all filing errors amount to legal malpractice — but some may, especially if they end up hurting your chances in court or cause you to lose your case. At Florida Legal Malpractice, our attorneys will review your case and advise you on what you can do to make sure your legal rights are protected.

Correcting legal filing errors can be complicated. A good Florida legal malpractice attorney can work with you to see what can be done to get your case back on track. We urge you to call Florida Legal Malpractice today for an evaluation of your case.

 

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