What recourse when our lawyer didnt file amended complaint within the 30 days and lied to us about it and many other things.

Asked about 1 year ago - Bartlett, IL

Our lawyer has admited to lying to us, along with not showing up to court when he was suppose to. The latest was he was suppose to file amended complaint within 30 days of last court date and did it on 31st day, Called us up night before court told us that the judge denied our amended complaint! We decided to show up for court because we didnt believe him, and he admited to lying about alot of things with our case. The judge had no choice since it was not filed in time he said "he had no jurisdiction and there was nothing to withdrawl". Do we have any recourse in our case which is a over $50,000 law case .

Attorney answers (10)

  1. Charles Joseph Michael Candiano

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    Answered . You have a potential legal malpractice case. You should contact a local attorney who handles these matters as soon as possible. You can also go to the attorney registration and disciplinary Commission's website to determine whether or not your attorney carried malpractice insurance. Too busy filing date is not necessarily malpractice that your attorney would be liable to you for the amount of your loss.

    Legal malpractice cases are difficult and are often called a case within a case because you need to be able to prove by a preponderance of the evidence that you would have prevailed in the underlying action to be able to prove that you have any damages as a result of what you alleged to have been the attorney's negligence.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  2. Thomas O. Moens

    Contributor Level 19

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    Answered . I agree you may have a legal malpractice claim. However, something to keep in mind about such cases is that not only must you prove malpractice, you must also prove your underlying claim.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to... more
  3. Louis Joseph Meyer

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    Answered . You may have a malpractice claim against your attorney.

  4. Stephen Laurence Hoffman

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    Answered . This is unfortunate. You have a potential legal malpractice case against your lawyer, as the case is now dismissed. Find a good lawyer who handles personal injury. Legal mal cases are a case within a case--you prove the lawyer committed malpractice AND the merits of your case had it still been viable. He will (or already has) reported it to his malpractice insurer. Many of us would be happy to talk to you and explain the process.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  5. Christian K. Lassen II

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    Answered . If your lawyer blew the deadline, retain a local legal malpractice lawyer.

  6. Burton A. Padove

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    Answered . Without knowing more facts, it is impossible to say. There may be Motions that can be field. Perhaps an appeal? Perhaps if nothing can be done within your case, a malpractice case against the attorney might be worth pursuing. Bottom line is that you need to have an attorney review the file. You need to do this Immediately as filings have deadlines ( as you know).

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836... more
  7. Harold L. Wallin

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    Answered . This sounds like legal malpractice. You should consult an attorney about making a claim against this attorney. Also, you should file a complaint against him with the Illinois Attorney Registration and Disciplinary Commission. I will attach a link to their website.

  8. Josh P Tolin

    Contributor Level 19

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    Answered . It is hard to know at this point, as to how, if at all, you are damaged by the denial of your amended complaint. The bigger issue is whether you and your attorney can continue to work together. That is for you to decide. You can always discharge your attorney, if necessary. Good luck.

  9. Henry Repay

    Contributor Level 16

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    Answered . The earlier answers you have been provided are on point regarding a legal malpractice claim. To the extent it is not clear, you should speak with someone immediately to fully protect your interests. You may be required to pursue any opportunities that may exist in your original case, if any, otherwise the failure to try may work against you. From your description, there may not be any such opportunities, but that would be for an attorney to consider in the context of having the background and considering the malpractice claim. Do not make the error of a random choice for an attorney.

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended... more
  10. Robert Edward Fenster

    Contributor Level 14

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    Answered . If the statute of limitations has not expired (tolled) and the case was not permanently dismissed forever with no right to re-file (prejudice), you can hire a new lawyer to represent you and refile the lawsuit.. Also, you may have to arrange to file a notice of appeal to protect your malpractice claim. Hope it all goes well. Better hire a new lawyer today!

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