Legal Question in Legal Ethics in New York

Re: Filing notice of certification

It depends upon what he failed to file, what the consequences were and how strong your case was.

So: If your case was dismissed directly as a result of your attorney's failure to file something (i.e., as a sanction for failure to comply with discovery or to oppose some sort of dispositive motion), and if you would have otherwise won your case but for this failure, then the attorney has committed malpractice.

Obviously, the answer to these types of questions are quire dependant on the specific facts of the case.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.