Saturday, January 12, 2008

If your lawyer makes a mistake, will the courts hold the client responsible? -

For example, say if you had to go back to court and your lawyer told you you didn t have to go, and you didn t go, can you blame your attorney and get away with it? NOTE: This does not apply to me. Please don t give specific advice relating to this situation. I m just wondering in general.

If it s the lawyers mistake, then why would you even think the client would be held accountable? Just because he s a Lawyer, and they wouldn t believe the client?? Definately the lawyers fault!!!

Judges will usually be forgiving in such a case. Your lawyer, however, will be in trouble.

The lawyer could be held accountable. It s called ineffective assistance of counsel.

The client will be held responsible for not going and probably get a fine or some other sanction against them. The first answerer is living in a fantasy world. Lawyers do NOT get in trouble for this unless the client goes through a lengthy reporting process to the state bar, and it takes many months and research before they ll even begin to hold the lawyer responsible.

When that happened to me - I was Not held accountable but my attorney had a Lot of explaining to do. I believe each type of this kind of thing warrants its own - eg: how the judge sees the situation, if the attorney LIES or not, who the judge believes, priors, all of that plus more *games* enter into it. The answer is certainly Not cut and dried and it may even vary legally from state to state. Since your attorney works for YOU - it IS your responsibility to KNOW what is going on at all times and to inform YOUR attorney of what you want him/her to do. Sad but true - many people have the misconception that the lawyer has all the answers...well that is just not true! it is like with going to the Dr. - how many times have you had to look up your own problems online, do alllll your own research and then tell your Dr. what you need! Same applies here. M/

0 comments:

Post a Comment