What is the name of your state? California
My attorney's office failed to file a Proof of Service with my Answer to a Complaint, and consequently, the plaintiff (in Pro Per) filed a lengthy Demurrer to my Answer far past the deadline set by law, claiming that he was never served the Answer and thought I was in default. (I know he lied about this because he is very crooked) In any case, because he filed the Demurrer, my attorney had to file a response and that racked up about $750 in legal fees. I feel that the law firm is at fault for not filing a proof of service, which is a standard practice of law that a client can expect from a professional law service. Would it be improper for me to bring this up with my attorney and request a deduction in fees in this area? How common/uncommon is it for a law firm to NOT file a proof of service with an Answer or any other pleading? Isn't that a major aberration?
My attorney's office failed to file a Proof of Service with my Answer to a Complaint, and consequently, the plaintiff (in Pro Per) filed a lengthy Demurrer to my Answer far past the deadline set by law, claiming that he was never served the Answer and thought I was in default. (I know he lied about this because he is very crooked) In any case, because he filed the Demurrer, my attorney had to file a response and that racked up about $750 in legal fees. I feel that the law firm is at fault for not filing a proof of service, which is a standard practice of law that a client can expect from a professional law service. Would it be improper for me to bring this up with my attorney and request a deduction in fees in this area? How common/uncommon is it for a law firm to NOT file a proof of service with an Answer or any other pleading? Isn't that a major aberration?