It is eminently reasonable for any lay person in California to justifiably rely upon the knowledge, competence and good-faith representation of a lawyer retained in a legal matter.
Indeed, it would be ludicrous if that expectation was unwarranted. After all, membership in the California State Bar is not casually conferred. It takes years of arduous study and effort for any individual to get through law school and pass California’s notably dreaded bar exam.
A California resident facing a legal challenge and in dire need of professional advocacy can thus make reasonable assumptions when retaining an attorney in good standing. It should be absolutely safe to assume that legal counsel will be well versed in relevant law and will proceed adequately with case investigation and details. Your lawyer should communicate in a timely manner with you and not act on material details without your consent. Ethical comportment is a given.
And missing deadline – calendaring, filing or anything else – is simply something that should never occur in tandem with competent representation.
Yet it does, and a missed statutory of limitations or court cut-off date have reap flatly adverse consequences for the client of a negligent attorney.
We allude to that on our website at the long-tenured legal malpractice law firm of Glickman & Glickman in Sherman Oaks. We note therein that a missed deadline could cause a client’s case to “get lost in the system of even be thrown out.”
It does happen, and more often than many of our readers across California might think. And in its wake, the ability to win a case or settle on positive terms can be fatally compromised.
Although no one expects your retained legal counsel to be perfect, competence is rightly presumed. One or more missed deadlines on key matters goes far toward defeating that presumption.
Moreover, it could give rise to a legal malpractice action seeking a money recovery for damages. A proven malpractice attorney can provide further information.