Procrastination in any industry is rarely beneficial, especially in the legal field unless there is a strategic reason for it. In most legal matters, however, waiting too long can be extremely detrimental to a case and could lead to compensatory damages for the aggrieved client. On the other hand, a strategy of delay, if agreed upon, can be quite effective.
Legal claims have definite time limits that an attorney must follow or a claim can be forever barred. Valuable information can be lost due to inexcusable delays. It is also incumbent on your attorney to act with reasonable diligence and timeliness whenever he accepts a case. This includes:
- Responding timely to client phone calls and communications
- Adhering to court-imposed deadlines for filing motions and completing discovery
- Filing a claim and documents on time
- Responding to court communications or from government agencies
- Promptly performing an investigation and following up with witnesses
- Adequately preparing for court depositions, hearings, motions, and trial
Attorneys rarely have valid excuses for delays within their control. Any of the above failures could lead to substantial economic losses that could easily have been prevented.
Consequences of Procrastination
Failing to file a claim within the applicable statute of limitations is a common oversight by attorneys, which can lead to a legal negligence claim. Unless your attorney can identify a valid exception for missing this deadline, your claim may be permanently barred.
In cases where investigations are crucial, such as with disputed injury claims, attorneys must promptly engage experts and communicate swiftly with necessary parties and witnesses. If a potentially defective vehicle or product is not examined without delay, valuable information may be lost, altered, or destroyed. Key eyewitnesses can become unavailable, and evidence can be discarded. In many accident cases, critical surveillance footage that could demonstrate liability may be erased within days if your attorney does not take immediate steps to preserve it.
All litigation relies on the discovery process, which can significantly impact the outcome of a case. If your attorney is negligent in requesting essential materials from the opposing party’s attorney and misses deadlines for objecting to inappropriate requests or fails to seek a court order to obtain evidence, the value of a valid claim can diminish or be lost entirely.
Monitor Your Case
As a client, you have the right to be informed about the progress of your case. You can request your attorney to provide a list of deadlines for discovery, motions, expert disclosures, depositions of parties and witnesses, mediation, arbitration, and trial dates. Your attorney should keep you updated on all court rulings. Additionally, clients can access the court’s website, which maintains a record of all actions taken and upcoming, along with important dates related to their case.
If you find that you were not informed about a significant element or event in your case, you should demand that your attorney keep you updated. If your attorney offers weak excuses or fails to respond, this may raise concerns about potential negligence.
However, it’s important to note that not every omission or failure to act by an attorney constitutes legal malpractice. You and your legal malpractice attorney must demonstrate that your case was valid and that the alleged negligence was a major factor in why your case was lost or had to be settled for significantly less than its reasonable value.
Retain a Legal Malpractice Attorney from Burns and Jain
Attorneys are held to a high standard in handling any legal matter. Procrastination that led to an unsatisfactory result that could have been avoided could be a legal malpractice claim that can compensate you for any losses you incurred. Contact a highly experienced legal malpractice attorney from Burns and Jain for a consultation about your possible claim. Call 617-227-7423 for a free consultation.