what happens if your lawyer misses a court date

by Dr. Erick Bernier IV Published 2 years ago Updated 1 year ago 8 min read

Missing a court date would be a violation of your lawyer's duty to you and would normally constitute a breach of his ethical duties subjecting him to discipline by the state bar. But unless you can prove actual damages resulting from the attorney's conduct you don't have a viable basis for a legal malpractice civil suit against the lawyer.

If you missed a court appearance for whatever reason you should take immediate action to avoid being arrested. If you fail to appear, the court will issue a warrant for your arrest. You should, as soon as possible, have your attorney get your case back on the court's calendar.

Full Answer

What to do if you have a missed court date?

Oct 17, 2012 · One would be to hire another attorney. Another would be to check into whether your attorney sent in a representation letter to the court or Solicitor's Office. If so, the attorney may have to file a Motion with the Court to be relieved as counsel on your case. In other words, he may still be your attorney whether he likes it or not.

What do you do if you missed your court date?

Apr 11, 2015 · Every case has deadline, every case has status conferences, and from time to time, an attorney will miss a deadline. However, it is the obligation of the attorney to notify the client about what happened and what he is going to do to steady that wavering ship. The worst situation would be that your attorney misses a deadline, does not notify you, and because of that you no …

What is the penalty for missing a court date?

Jul 06, 2010 · Missing a court date would be a violation of your lawyer's duty to you and would normally constitute a breach of his ethical duties subjecting him to discipline by the state bar. But unless you can prove actual damages resulting from the attorney's conduct you don't have a viable basis for a legal malpractice civil suit against the lawyer.

What happens if you accidentally miss a trial date?

Apr 13, 2022 · CALL ON YOUR LAWYER. If you missed a family court appointment, contact our experienced lawyers at Wallin & Klarich. Our experienced lawyers have over 30 years of experience in successfully representing our clients in family law matters. We are convinced that we can help you achieve the best possible result in your case. At the hearing, ask your ...

My Lawyer Missed My Court Date

My question involves criminal law for the state of: Colorado#N#Hello, I was charged with a crime at the end of last year (Dec. 2009). I hired a private lawyer (looking back, a public defender would have done much better) at a low cost fee.

Re: My Lawyer Missed My Court Date

In a word: YES.#N#That is malpractice. I would ask for my money back or tell him you will file a complaint with the state bar. No lawyer wants to have the state bar take a look at his practice, much less suspend them for a month or worse.#N#It is the duty of the attorney to know what all the court dates are.