Legal Question in Legal Ethics in New York
my lawyer failed to notify me of a court date. As a result, I am obligated to pay over $10,000 in legal fee's to the other attorney. My lawyer knew about it for months in an ongoing legal proceeding involving child support. I later found out he told the court I was unattainable, which is simply not true.
My first question is how can I have a court hearing and not receive a letter about it in the mail? Is it common practice to send the letter to my lawyer instead and secondly, because he never notified me, can he be held responsible for anything?
1 Answer from Attorneys
It may constitute malpractice on the part of your attorney. A reasonable prudent attorney would tell his or her client about a court date. The damage would be the amount of money that you had to pay as a result of your missing a court date.
Mike.
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