Legal Question in Consumer Law in New York

Contract

Dear Sir/Madam,

I am a scientist who hired a legal firm to process a patent application. The firm claimed to have sent emails critical to inform me about meeting a specific filing deadline. I saw none of these emails. Due to this communication error, I subsequently missed my option to approve a filing deadline for an overseas patent filing.

Since the firm claimed to have sent me the emails, upon a search, I found that the University firewall had 'spammed' the critical emails, and sent them to a junk folder.

No letters or phone calls were made to me.

Did my legal firm have any further responsibility to inform me of my pending obligation outside of sending me the emails? Or does their email attempts complete their full obligation to notify me of my deadline to file for patent protection?

Thank you for your attention to this matter.


Asked on 10/11/07, 10:48 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Contract

Professor,

You will have to look to the terms of your retainer with the firm. If you specified the type of communications you were to have with the lawfirm then you may be sunk. If it is not specified the firm probably had a greater obligation to try to inform you of your upcoming dates.

You should speak to a lawyer who practices in the area of Lawyer malpractice. As the firm tried to reach you, do not be suprised if a malpractice lawyer refuses to take the case on a contingency basis.

Good Luck.

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Answered on 10/11/07, 11:35 pm


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