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

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

Posted

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. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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6 comments

Asker

Posted

Our first complaints were dismissed by the judge then we were given 30 days to file amended complaint. Do we have any recourse in our case. The judge said he couldnt rule on Jurisdiction or withdrawl of the case. Can we appeal with a different lawyer or anything our lawyer admitted that we have a case. Is there anything we can do about our case he is no longer our lawyer

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

You can find an attorney ASAP who could appeal but a late filing is a big problem and an appeal may be fruitless. Best option is legal malpractice and either way talk to a lawyer soon. Very soon.

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

I agree with Mr. Hoffman that the only possibility of recovery is through investigating a malpractice claim. Though he is responsible, the attorney would not have gotten into trouble over missing a single date if he hadn't lied to you. Given this exchange in open court, the judge and opposing counsel have an obligation to report the attorney.

Asker

Posted

The attorney and the judge didnt know we had been lied to, just that he missed the date and we werent allowed to speak to the judge

Asker

Posted

Can any one refer a good attorney in illinois (kane county) to help us Please

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

I understand. I'm sorry but we cannot refer you to a specific attorney. Use AVVO's "Find an Attorney" feature or visit the Kane County Bar Association website to find a local attorney who can help you. http://www.kanecountybar.org/find-a-lawyer

Posted

You may have a malpractice claim against your attorney.

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Posted

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.

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11 comments

Asker

Posted

We dont have a lawyer, and we dont know how to proceed or if we can proceed with our case which the judge didnt rule on jurisdiction or withdrawl of the case . We are so confused

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Your case is over because it is dismissed--that's why the judge no longer has jurisdiction. Thus, you now need to find a lawyer who knows personal injury and will handle legal malpractice cases.

Josh P Tolin

Josh P Tolin

Posted

I either misread the question or assumed the initial complaint was still pending. You are correct, my mistake. You should request your entire file from the attorney who handled. The file is yours and if you decide to see another attorney, he or she will have the pleadings

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

At least that's the assumption. The filing is late so no complaint so no case. Barring an appeal, case appears over. I have misread my share!

Josh P Tolin

Josh P Tolin

Posted

In Illinois, I am assuming they had an initial complaint, so if the amended complaint is dismissed, is the initial complaint abandoned? I am curious. Thanks for the clarification.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

I'm guessing here but likely the original complaint was either dismissed or withdrawn in response to a motion to dismiss, the amended complaint would try to cure the alleged defects (often a judge gives a specific time of filing, say 21, 28, 30 days, and in this case or appears he filed late. Our state is a bit different in some procedural ways.

Josh P Tolin

Josh P Tolin

Posted

Thank you. Being in St Louis, I know better to venture across the river without local counsel.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

It's odd in Illinois with discovery and evidence DEPS. Went to law school in St. Louis.

Asker

Posted

Mr. Hoffman you are correct about what happened. But as I call attorney they are stating this case is to complicated and dont have time for it. Sad that an attorney can go and lie to you many times, and even tell you that the judge dismissed our case and admits to lying to us on many of the issues and no one cares. Thank you,

Josh P Tolin

Josh P Tolin

Posted

If you can't find an attorney to represent you, you always have the option of filing a bar complaint. I would still be persistent in trying to find counsel.

Asker

Posted

I am trying to find someone I am fighter and will keep going til I can find someone I thank you all for your help

Posted

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 your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

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Posted

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 relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

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

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Posted

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 2200. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

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Posted

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.

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Posted

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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3 comments

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

If the original complaint no longer exists and the amended one was to "replace" it and was not filed timely, technically there is no claim and the case is dismissed. If no motions, a notice of appeal would have to be filed within 30 days of that date. I don't think there would be a right to refile if a voluntary nonsuit was not taken. This is more or less an automatic ruling in that failing to file the amended complaint ends the case so refiling is not an option, based upon my reading of the situation.

Asker

Posted

We were able to obtain council and as he put it reopening the case , no malpractice , not reopening means possible malpractice why is it that when a lawyer makes the mistake that there client is the one that get hurt?

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

He is trying to vacate the disimissal. Hope this works. Lawyers act as agents for clients. Unfortunately, lawyer mistakes can harm clients.

Posted

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 to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

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