Liability of lawyer in case of loss of lawsuit


Questioner

Our VVE has summoned me regarding a dispute concerning noise pollution. A hearing was held on 13-02-2015. The judge gave me the opportunity to respond to the report that would be drawn up following this hearing. On 09-03-2015 I gave my comments to lawyer D. On 09-03-2015 lawyer D. confirmed that he would process these in a response and pass them on to the Court. On 25-03-2015 I received the verdict from which I had to find out; - that attorney D. failed to forward my response to the Court. - that I had lost the case with the claim for payment of € 22,000.00 +/- My question to you: can I hold lawyer D. liable for this loss? All actions are in writing and I can prove it. Thank you in advance for your response.

Lawyer

The lawyer has a duty of care towards the client and must therefore ensure that documents are delivered correctly and on time. Whether the lawyer can indeed be held liable depends on the facts and circumstances as well as agreements made. It must be determined whether there is a culpable shortcoming. More information is needed to assess this.

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