Bring a Claim for a Discovery Failure

The discovery phase is a critical component of the litigation process. A detailed investigation normally culminates with the gathering of evidence, taking of depositions and otherwise preparing a solid base of facts for attorneys to work with. Consulting with appropriate experts is an important aspect of discovery, particularly for plaintiffs in a civil case.

If you are the plaintiff, your lawyer owes you a duty to prepare a strong case. Evidence and arguments must support your damage claim against a negligent party. Your case may be viable if you experienced significant losses or injuries.

A plaintiff in a civil lawsuit has every right to expect his or her lawyer to follow acceptable standards for the legal profession throughout discovery. When an attorney fails to consult with an appropriate expert, and then loses the case, the plaintiff may have a cause of action by which to bring a legal malpractice claim.

Your lawyer may have committed a failure in discovery if he or she:

  • Did not respond appropriately to a discovery motion from the opposing side
  • Did not use information gathered through discovery as he or she should have to bolster your position
  • Did not gather the evidence he or she should have gathered during the discovery phase
  • Did not adequately advise or represent a client during mediation preceding courtroom litigation
  • Engaged in an improper personal relationship with one or more of the parties involved in a case during the discovery phase — perhaps another lawyer, an expert witness or the client on the opposing side — thereby creating a built-in conflict of interest

No matter how an attorney mishandled your case during discovery, if that faulty representation resulted in losses to you, you may have a valid legal malpractice case. Hampton & Associates, P.C., in Fort Worth, is a respected firm advocating for people wronged through legal malpractice. I, Carter L. Hampton, am available to evaluate your case after your previous attorney ruined your case through defective representation during discovery.

Turn to an Experienced Advocate at Hampton & Associates, P.C., in Fort Worth, TX

Take action after your lawyer botched your case during the discovery phase. Call 682-990-8080 or send an email message through this website to request a consultation.