What to do if your Attorney Didn’t Show up to Court
When you hire an attorney, you expect the best representation possible. Your lawyer should know the law, should understand your case, and should be prepared to advocate for your interests in court or in a settlement negotiation. There are many things a lawyer must do to meet this standard. One of the most basic of those duties is for your attorney to show up when required.
If your lawyer failed to show up in court, then you will be left without counsel to argue your case. There is simply no excuse for this kind of failure. Not only is it embarrassing; it is possibly damaging to your interests. There are many reasons why your attorney may not be able to respond immediately to you when you text, call, or email. The attorney may be out of the office representing another client – or in court doing the same. But if that attorney has failed to appear for you in court or otherwise left you in a legal lurch, then you may have grounds to file a Florida legal malpractice suit against the attorney. Florida legal malpractice attorneys can help you get compensation and justice.
To win a malpractice suit against your attorney, you must prove that you had a contract with them. You must also show that they have acted in a thoroughly unethical and unprofessional way and that their conduct has caused you material harm. In proving that you suffered harm, you must also show that you would have prevailed on your original claim.
Missing a single court date may not alone be enough to demonstrate legal malpractice. But if your lawyer’s failure to show up is part of a larger pattern of missed court dates, missed meetings with the lawyers of the person you are suing, or incompetence with regard to law or procedure, then you will have a better chance of winning.
You will need documentation to substantiate your claims. This can come in the form of court records, emails, text messages, social media posts, or voice mail messages. Your lawyer will help you gather such information. They will also investigate your attorney. If other clients have lodged complaints against them, it can only strengthen your case.
Winning a malpractice lawsuit against your attorney is not an easy matter, but it is possible – and you would be well-served by speaking with a law firm that knows this practice area well. If your lawyer failed to show up in court, then you should speak to Tampa legal malpractice attorneys at Wagner McLaughlin. Our attorneys are not afraid to sue other attorneys when they have violated their ethical duties to clients.