Malpractice by an attorney is sometimes cause for equitable tolling of the SOL. I agree, you need to talk to another attorney. If you paid the first attorney, contact the bar association.
Malpractice by an attorney is sometimes cause for equitable tolling of the SOL. I agree, you need to talk to another attorney. If you paid the first attorney, contact the bar association.
In which states? In the jurisdictions I'm not aware of any authority that excuse a plaintiff's missing the statute of limitations by, in essence, punishing the defendant for the plaintiff's poor choice of lawyer.
And with respect to the malpractice claim, if it turns out that the statute of limitations has run and you have lost your claim because of the lawyer's negligence, you could sue the attorney for malpractice. You may be in luck if he had malpractice insurance but if not whether you are going to collect on a judgment depends on what assets are owned by he or the legal entity of which he was a part.
Thanks for the replies.
What about my wife telling the judge what happened? Is it true that a lawyer being suspended by the bar is not a good enough reason why the papers weren't served? What are the chances that the judge says she can have a continous on the case?
I would not suggest approaching this as a do-it-yourself project. I suggest that your wife retain a lawyer to help and advise her.
The second lawyer she went to said there is nothing he could and that she should not just let go. He told her to go tell the judge her story. Civil posted above that we should refile a complaint. I wonder if i should get a third opinion like posted above.
Either way I would also contact the bar association and file a grievance as you said he was only suspended not disbarred, which means he could be back practicing law soon. This is sad as I have seen this time and time again poor lawyers getting suspended but still able to practice after a short suspension. One lawyer in Texas in the bar review had over ten different criminal complaints and today he is still in practice because he was only suspended for a period of time.
Get another lawyer and try again
Sorry to hear another bad lawyer giving the other good lawyers a bad name but their are always bad apples in every bucket