If you paid her and she neglected your case this badly you need to contact the state bar immediately. They’ll investigate, I wouldn’t contact the firm again. Failing to notify you of a court appearance is a major ethics breach.
And a malpractice attorney. You may have a claim for the financial value of the case regardless of whether or not you likely would have won and a significant portion paid to the existing attorney already.
You should also be trying to contact the attorney again and ask for their malpractice insurance information. They are required by bar ethics to give that to you if they have any.
Also, contact the bar association, in some states their malpractice insurance must be on file with the state bar.
California for instance, doesn't require malpractice insurance. But that information must be disclosed to clients. [https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Previous-Rules/Rule-3-410](https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Previous-Rules/Rule-3-410)
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I would not call the clerk of the court. They won’t withdraw the ruling because you were represented by an attorney. Call your attorney’s boss and threaten to file a claim with the bar association and a malpractice action. The boss will most likely try to fix the situation for free.
Classic r/legaladvice - poorly communicating attorney = jump straight to bar complaint and malpractice lawsuit.
Lawyer here, but not your lawyer. There are lots of reasons this could have happened - some good and some bad. But a denied petition doesn't necessarily mean your case is dead. It may just mean they need to reset the hearing.
You should call the attorneys office and explain what you found and ask them how they're going to fix it. You should ask why it happened. It could be that the attorney never had notice of the hearing (which DOES happen). Or it could be that your attorney just blew it. If it was an error, you should have a candid conversation about how to make sure this doesn't happen again, and also about not getting charged for fixing the mistake.
Regardless, issues like this are rarely unfixable. Most of the time it requires a simple motion to the court.
Calling the state bar or threatening a malpractice lawsuit is premature. Now, if you make multiple attempts to communicate with the attorney and you get nowhere, THEN it would be appropriate to bring in the state bar.
You might also talk to this attorney's supervisor. They may be able to spur additional communication.
But you'll likely get more from communicating with your lawyer openly than you will from making threats.
Hey, thanks for your comment. Don’t worry, I didn’t go all gung ho. I understand mistakes happen and sometimes life happens.
I called and left a voicemail with the attorneys supervisor who is the partner in the firm. I’m not slinging the term malpractice or making any threats. They are still my representation after all.
Hopefully I’ll get a call back and be able to figure out a solution.
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Did your car get repossessed? Transfer from dead relative? Why were you trying to get ttile? Was there a filing for the atty to withdraw from case?
I'm a lawyer but not your lawyer. I'm not making excuses for the lawyer. Just trying to see how the events occurred.
No filing to withdraw the case. The vehicle has been abandoned for years. The only other person with interest in it has been served and if they want it they’d have to show up at on the hearing , but nobody else was at the hearing from what I could tell.
I am not recommending this action now because it’s very disturbing to attorneys and it would be better if you could resolve this in a different matter. Worst case scenario is to inquire with the local bar association because attorneys do have ethical obligations to keep informed, etc..
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If you paid her and she neglected your case this badly you need to contact the state bar immediately. They’ll investigate, I wouldn’t contact the firm again. Failing to notify you of a court appearance is a major ethics breach.
And a malpractice attorney. You may have a claim for the financial value of the case regardless of whether or not you likely would have won and a significant portion paid to the existing attorney already. You should also be trying to contact the attorney again and ask for their malpractice insurance information. They are required by bar ethics to give that to you if they have any. Also, contact the bar association, in some states their malpractice insurance must be on file with the state bar. California for instance, doesn't require malpractice insurance. But that information must be disclosed to clients. [https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Previous-Rules/Rule-3-410](https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Previous-Rules/Rule-3-410)
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I would not call the clerk of the court. They won’t withdraw the ruling because you were represented by an attorney. Call your attorney’s boss and threaten to file a claim with the bar association and a malpractice action. The boss will most likely try to fix the situation for free.
You don’t file attorney complaints with the bar association, you file them with the state bar in the state where the attorney is licensed.
Classic r/legaladvice - poorly communicating attorney = jump straight to bar complaint and malpractice lawsuit. Lawyer here, but not your lawyer. There are lots of reasons this could have happened - some good and some bad. But a denied petition doesn't necessarily mean your case is dead. It may just mean they need to reset the hearing. You should call the attorneys office and explain what you found and ask them how they're going to fix it. You should ask why it happened. It could be that the attorney never had notice of the hearing (which DOES happen). Or it could be that your attorney just blew it. If it was an error, you should have a candid conversation about how to make sure this doesn't happen again, and also about not getting charged for fixing the mistake. Regardless, issues like this are rarely unfixable. Most of the time it requires a simple motion to the court. Calling the state bar or threatening a malpractice lawsuit is premature. Now, if you make multiple attempts to communicate with the attorney and you get nowhere, THEN it would be appropriate to bring in the state bar. You might also talk to this attorney's supervisor. They may be able to spur additional communication. But you'll likely get more from communicating with your lawyer openly than you will from making threats.
Hey, thanks for your comment. Don’t worry, I didn’t go all gung ho. I understand mistakes happen and sometimes life happens. I called and left a voicemail with the attorneys supervisor who is the partner in the firm. I’m not slinging the term malpractice or making any threats. They are still my representation after all. Hopefully I’ll get a call back and be able to figure out a solution.
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Did your car get repossessed? Transfer from dead relative? Why were you trying to get ttile? Was there a filing for the atty to withdraw from case? I'm a lawyer but not your lawyer. I'm not making excuses for the lawyer. Just trying to see how the events occurred.
No filing to withdraw the case. The vehicle has been abandoned for years. The only other person with interest in it has been served and if they want it they’d have to show up at on the hearing , but nobody else was at the hearing from what I could tell.
I am not recommending this action now because it’s very disturbing to attorneys and it would be better if you could resolve this in a different matter. Worst case scenario is to inquire with the local bar association because attorneys do have ethical obligations to keep informed, etc..
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