What should you do when your attorney tells you that they are really sorry but they missed a critical filing deadline? Don’t panic, but act. Whether it is a breach of contract or a personal injury case, your hopes of getting justice are ruined because your attorney failed to submit the documents on time.
If you clicked on this article, you probably want to know if a missed deadline constitutes legal malpractice. The answer is it depends. If an attorney misses a routine motion by a day, the judge will usually allow them to fix it.
For legal malpractice to occur, the actions must be unrepairable and dramatically affect your rights. An example would be in a personal injury case where the statute of limitations is two years; if an attorney missed that filing deadline, you could not recover any damages from the original defendant, so your only option would be to sue your attorney for malpractice.
When Does a Missed Deadline Become Malpractice?
Not every attorney mistake qualifies as malpractice—lawyers are human. But missing court-mandated filing deadlines sit near the top of the negligence scale in our experience.
Legal malpractice occurs when attorneys fail to meet the standard of care other reasonable lawyers would provide in similar circumstances. Courts in Illinois have repeatedly stressed the fundamental importance of meeting deadlines. Judges rarely excuse important missed filing dates, regardless of the devastating impact on clients.
Many cases are ruined because of missed deadline errors, including:
- Statute of limitations violations that permanently bar recovery
- Blown appeal windows that eliminate chances to challenge bad rulings
- Uncontested motions because responses weren’t filed on time
- Critical evidence excluded after discovery deadlines passed
- Default judgments are entered when attorneys miss court dates
Sadly, by the time many clients reach our office, their previous lawyer’s deadline error has already caused irreparable harm to their case.
Building a Legal Malpractice Case for Missed Deadlines
Pursuing a malpractice claim against an attorney who missed a deadline means proving four key elements:
- Your lawyer owed you a duty through a formal attorney-client relationship
- They breached that duty by negligently missing a deadline
- Their mistake directly caused your case’s failure
- You suffered actual financial damages as a result
The trickiest part? Proving the “case-within-a-case” element. You must win two arguments: first, that your lawyer was negligent, and second, that your original case would likely have succeeded if adequately handled.
Illinois Law on Legal Malpractice for Missed Deadlines
Illinois gives you two years from when you discovered (or should have discovered) the malpractice to file your claim, with an absolute six-year cap from when the negligence occurred. This creates a narrower window than many clients realize.
Under the Court’s Rules of Professional Conduct, properly managing deadlines falls squarely within an attorney’s basic duties of competence and diligence.
Why Lawyers Miss Deadlines
Understanding why attorneys miss deadlines helps establish negligence.
Common reasons include:
- Poor case management systems and inadequate calendaring
- Taking on excessive caseloads beyond reasonable capacity
- Misunderstanding which statute of limitations applies
- Last-minute preparation without buffer for problems
- Personal emergencies without proper backup coverage
While these explain missed deadlines, they rarely excuse them. The legal profession demands that attorneys implement systems to ensure deadlines are met despite all of life’s challenges.
Steps to Take When Your Attorney Misses a Filing Deadline
If you’ve just discovered your lawyer missed a crucial deadline, don’t wait:
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- Gather all communications and documents relating to your case. This includes emails, letters, text messages, phone records, copies of court filings, and any notes from meetings with your attorney.
- Check whether any procedural remedies might still be available. Courts may grant relief from missed deadlines in rare circumstances under doctrines like “excusable neglect” or “extraordinary circumstances.”
- Consult with an attorney who specializes in legal malpractice. Not all lawyers handle these claims, and many avoid suing fellow attorneys.
- Consider whether a disciplinary complaint is warranted. The Illinois Attorney Registration and Disciplinary Commission (ARDC) investigates ethical violations, including neglect and incompetence.
- Act quickly—malpractice claims have strict time limits. The irony isn’t lost on us that a claim about a missed deadline itself faces strict deadlines.
Our law firm has seen how prompt action makes all the difference in these cases. The sooner you gather your documentation and get professional advice, the stronger your position becomes.
How Our Legal Malpractice Attorneys Can Help
When lawyers fail to meet their essential professional duty to file on time, we believe in holding them accountable. Our legal malpractice team will work with you to create a strategy to ensure you the best possible results. We meticulously analyze:
- The specific deadline that was missed and its legal significance
- How the attorney’s conduct compared to professional standards
- What would likely have happened in your case had deadlines been met
- The entire financial impact of the missed opportunity
Our approach involves methodical investigation and detailed analysis, including conducting the “case-within-a-case” evaluation that courts require in legal malpractice claims.
Don’t Let a Missed Deadline Be the End of Your Case
Missing a filing deadline can end even the strongest legal claim. When lawyers fail in this fundamental duty to protect their client’s interests, they should be held accountable for the damage they cause.
You may have options if your attorney missed a critical filing deadline that harmed your case. Legal malpractice claims for missed deadlines require the experience and willingness to take on fellow lawyers and fight for our clients.
At 1818, we helped numerous clients recover what was lost when their previous lawyers failed them through careless deadline management. Our experience on both sides of these cases gives us unique insight into building successful legal malpractice claims.
Don’t let a missed deadline by your attorney permanently derail your pursuit of justice. Contact us today to discuss whether you have a viable legal malpractice claim and how we can help you move forward.
