You have a court date set, and you know the outcome is very important for the future of your case—and for your future in a personal sense. You also expect to win. You have already gone over all the details with your lawyer and feel confident.
But when you arrive in court, your lawyer is not there. You wait, but they never show up. This unexpected situation could derail your case entirely, especially since you were not prepared to represent yourself. So what happens next? Are there any consequences for the lawyer? What are your rights when you feel like they let you down at the time that you needed them most?
It may be legal malpractice
Your lawyer has a duty to represent you and act in your best interests. They are expected to file paperwork correctly, meet deadlines, communicate effectively and avoid conflicts of interest. Most importantly, they are obligated to appear in court on your behalf.
If your attorney simply fails to show up to a hearing or court date, it could be considered legal malpractice because it breaches that duty of care. Their absence can be extremely damaging. At best, your hearing might be rescheduled. At worst, you could lose your case altogether.
Either way, you may need to find a new attorney and consider your legal options. A legal malpractice lawsuit is often possible if your previous lawyer’s mistakes caused significant harm, financial or otherwise. If you believe your lawyer’s absence has negatively affected your case, it is important to seek guidance and understand your rights moving forward.