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Summons incorrectly served - lawyer's fault, can we sue?

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TeresaO

Junior Member
What is the name of your state? Oregon

Summons for eviction lawsuit was incorrectly served, did not include the eviction lawsuit documentation, just the summons. We believe this is the fault of the attorney for not including it when giving it to the deputy. Everything else in this eviction case has been handled correctly, but this puts us in a very bad position. The tenant's lawyer has asked to have the case dismissed, which would make us responsible for the attorney fees for both sides, and we'd have to refile another eviction lawsuit, basically doubling our effort/time/expense.

Can we sue our lawyer for malpractice? I do not know for a fact that it is our lawyer's fault, but we just found out about it and are exploring our options. The way it's been handled leads us to believe our lawyer's office dropped the ball, which puts us in this position. :(
 



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