Missed deadline claims allege that counsel's failure to file within the applicable period cost the client a cause of action, a defense, or an appellate right. Damages are typically measured by the value of the lost claim.
Proof requires the case-within-a-case showing that the underlying matter would have succeeded.
Alternative Names:
Missed Deadline Risk, Calendar Malpractice Exposure
Why it Matters?
These are the most difficult malpractice claims to defend because the breach is usually undisputed, leaving only causation and damages in play. The defense reduces to arguing the underlying case had little value, which requires litigating the merits of a case the client never got to try. Prevention through redundant docketing is substantially cheaper than defending a single claim of this type.
Frequently Confused with
Frequently asked questions
Why are missed deadline claims hard to defend?
How are damages measured?
