Lawyer Failed to Appear

[lawyer_fta]

What is the name of your state? Maryland

I was arrested for a DWI (and a couple other traffic charges) a couple weeks ago. My preliminary was scheduled for 7/26. I contracted the services of a reputable lawyer--4 days after my arrest and 6 days prior to my preliminary. The lawyer advised me that I did not need to attend the preliminary...she would be there...and it was just a formality for the judge to say that there was indeed sufficient evidence for the case to go to trial...and to set a trial date.

Two days following my preliminary, I received notification from the court that 3 bench warrants had been issued for me due to failure to appear (3 charges...3 warrants). Also, my motor vehicle hearing that had already been scheduled for 5 days after my temp license expires was now cancelled due to my FTA and moved to about 40 days after my temp license expires.

I confirmed today that there was a screw-up at the lawyer's office...and indeed, the lawyer did not appear at my preliminary.

Is this considered legal malpractice? What in the world do I do now?

[Ohiogal]

Can she correct it? If she can correct it and put you to where you would have been had she not failed to appear then it is not a major problem. However, you could file a complaint against her. Mistakes do happen and sometimes attorneys get double booked or write down the wrong day. Am I excusing her? NO. But talk to her about fixing her screwup. And of course not charging you for it.

[garrula lingua]

Did you pay the atty/law firm, prior to the appearance ?

[lawyer_fta]

Originally Posted by garrula lingua

Did you pay the atty/law firm, prior to the appearance ?

Specifically, I paid by check the day after my consultation. The check was deposited that day, and cleared 3 business days following...which means it cleared 2 days prior to my preliminary.

The warrants have been lifted to which I have documentation. However, the court date can apparently not be fixed...which again means about 45 days without a license vs. 5 days!

[garrula lingua]

Also, my motor vehicle hearing that had already been scheduled for 5 days after my temp license expires was now cancelled due to my FTA and moved to about 40 days after my temp license expires

You mean the MV hearing can"t be changed from the futue date MV reset the hearing to...

However, the court date can apparently not be fixed...which again means about 45 days without a license vs. 5 days!

Court dates are easy to advance - in most courts, attys just check in at the criminal area and request that the case be advanced and sent into court that day.
Administrative hearings at Motor Vehicles are different, though - they are hard to advance/change.
I'm not sure which date is causing you problems. If your court can issue a restricted license, the atty can get a court date advanced (immediately) & resolve the issue right away. he atty should also state, on the record, that their office goofed and that's why there was no appearance, so the Judge knows it wasn't your fault (imp, in case you get probation violations later).

[lawyer_fta]

To be honest, it's not been clear at all which court date was which. However, I've deduced that it's the MVA hearing that was originally scheduled for September 5th--because the criminal charges hearing should have been scheduled at my preliminary...and I received notice of the September 5th hearing PRIOR TO my preliminary hearing. So, from what you're saying, it should come as no surprise that my lawyer is unable to get that moved back up...and I'll just have to suffer the consequences of my lawyer's mistake.

I'm the one who caused all of this in the first place--by DWIng. Had I not done that, none of these other problems would exist. However, I'm following all of the prescribed instructions...called a lawyer the day after it occurred...paid the $$$...went to the alcohol class assessment...went to a couple AA meetings...BUT MY LAWYER FAILED TO DO HER PART!

I just don't know now if I should stick with this lawyer...if I go to find a new lawyer do I file a complaint against the current lawyer... Most "friends" say I should can this lawyer and sue her...but I'm not sure that's going to solve anything either. Basically, I think I'm just screwed for the 45 days of no driving.