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Reply to "Question for lawyers - Do you charge clients for your mistakes"
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[quote=Anonymous][quote=Anonymous]I'm the client. My attorney provided the process server with the wrong address to serve the lawsuit. I provided my attorney and paralegal with the correct address for the defendant. I thought they would obtain the address from more formal mechanisms such as the Secretary of State website vs. an email from the client. Second mistake, when the lawsuit was served, the complaint was not attached. The defendant was served again with the complaint attached. This led to a motion from opposing counsel to drop the lawsuit due to improper service. The judge denied the motion but seemed irked the complaint was omitted. I was billed for the legal fees and expenses related to the process server going to the wrong and then correct address and expenses for the hearing due to the omitted complaint. Is it common practice that the client is billed for errors made by the firm? I'm thinking of retaining another attorney. I would assume lawyers would be reluctant to take over a case where they have to clean up sloppy issues by the previous attorney. [/quote] I am an attorney. Your message is unclear. If you gave them the wrong address and they used it, that is on you not the attorney and yes, you would be charged for any repercussions. If I as the attorney made the error, such as not attaching the complaint, I would fix it without any cost to the client. That means not billing for any repercussions. As for taking on a case after another attorney was on it, I have done it, but I am always a little wary of this because clients who move on may be the problem themselves. Expect some questions. If it was the attorney, which it sounds like it is, then I expect you can find another to take it. [/quote]
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