What Is My Attorney’s Responsibility with My Files?

Posted November 23rd, 2022.

Categories: Legal Malpractice.

attorney case files

There are a number of reasons why your attorney may have lost your case files. They may have acted carelessly, had poor organization skills, had poor communication, or did not regularly examine your file, among other explanations. But regardless, they let you down, and you likely lost your case or incurred damages as a result. Follow along to find out what your attorney’s responsibility is with your files and how a proficient New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you attain justice.

What responsibility does my attorney have when it comes to my files?

One of the many responsibilities that your attorney possesses is that they must keep track of any and all documents related to your case. What’s more, they are responsible for filing these documents on time to the New Jersey court. This is because if they miss the statute of limitations, you may automatically lose your right to sue.

For example, say your case requires a tort claims notice. This deadline may be different than that of your other documents, and failure to produce this notice on time, or at all, will ultimately hurt your claim. Another example is say the other party requests information during the discovery process. Submitting documents with this information may have varying deadlines, and failure to meet them, or submit them at all, will ruin your chances of receiving compensation.

And obviously, if your attorney loses your files altogether, submitting them to the New Jersey court on time will be impossible. Also, certain files may be critical pieces of evidence that are needed to show the New Jersey courts your argument, and losing them will make winning your case impossible.

What happens if my attorney breaches their responsibility for handling my files?

Every attorney holds a certain duty of care toward their clients. So when they do not act within this threshold, they must be held responsible. In other words, if your attorney is negligent in handling your files, whether they do not submit them on time or they lose them altogether, you must consider filing a legal malpractice claim against them. This is especially the case if you believe that you had a fair chance at winning if this mistake was not made.

To take action against your negligent attorney, you must reach out to our firm. Rest assured, we have an electronic database in place that will ensure that your files and properly saved and accessible, so you will not have to go through this unfortunate chain of events again. We are looking forward to hearing from you.

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