Friday, April 8, 2011
When a case gets put into suit, the injured party files and serves a complaint on the opposing party. The complaint lays out all of her allegations and claims. Once the opposing party receives the complaint, typically he turns it over to his lawyer to file a response. Filing a response to a complaint may seem like a very basic, run of the mill procedure, but careful attention must be paid to the allegations and the responses being made. The lawyer has a duty to investigate the allegations made and draft an accurate response to them. The best way to ensure accuracy is for the lawyer to review the complaint with the client and draft responses together. Failure to draft an accurate response could result in the lawyer making a costly error for the client. For example, if the lawyer admits an allegation that should have been denied, this could result in the client being liable for something that he should not be and ultimately could resulting in a legal malpractice claim against the lawyer. Even though an answer to the complaint may seem like a straightforward part of the case, an error so early on can be detrimental to the client in the long run. If your lawyer’s improper answer cost you, call our office today to discuss your options.