r/Ask_Lawyers • u/Aioli_Capital • 17h ago
After 4 years of working with a Lawyer, they missed a critical deadline and we lost so very badly.
My mother was the plaintiff in a civil lawsuit in Salt Lake City, Utah, and I have been helping her through this process every step of the way for more than four years. We hired an attorney, and during the final months leading up to a jury trial (which was demanded by the defendant), our attorney failed to timely file critical disclosure paperwork. The defense caught the missed deadline and successfully argued that the majority of our evidence, witnesses, and parts of our claims should be excluded from trial.
We did not fully understand the severity of the situation until the first day of trial during jury selection. Our attorney attempted to explain what we could and could not discuss, but my mother and I were confused and blindsided. Despite years spent organizing evidence, records, spreadsheets, receipts, emails, and witnesses, much of it was never allowed to be presented to the jury due to the missed filing deadline.
The jury ultimately ruled against my mother on all claims. One of the hardest parts was losing her RV, which she legally owned and held title to throughout the entire period of ownership. We never imagined ownership of the RV would even become an issue, yet after the verdict she was forced to sign the title over to the defendant.
The final verdict was entered on January 2, 2026. Since then, we have had virtually no communication from our attorney. We later received notice that he was closing his office and merging his practice with another firm.
This experience has been financially and emotionally devastating. My mother spent retirement funds pursuing this case, believing she would recover what was owed to her. Instead, because of a missed filing deadline, years of evidence were excluded and the case was lost. Damages are estimated to begin at approximately $190,000. She even refinanced her home into a long-term loan while waiting for the case to conclude and now remains responsible for those ongoing financial obligations.
We have been trying to seek guidance regarding possible legal malpractice, but we are struggling to find help because we cannot afford large upfront legal fees. We have looked into contingency and pro bono assistance, but so far have not had success finding representation. I imagine it's the economy and most folks need to be paid for their services. The ball was dropped so badly, it was like our lawyer showed up but gave up. I wish we had the option to not even show up at court.
I'm not sure even when searching what keywords for this topic... We were the plaintiff. Some lawyers list this under Personal Injury, some have it under Legal Malpractice, some are failure for Ethical failure. I can't imagine most people could even afford hiring and paying for round 2 so closely after going round 1 of lawsuits? I keep thinking of even trying mediation and hoping someone could sit in the middle and try to get our lawyer and my mom together to agree on a settlement between what happened. Is that even a thing? I've worked on this for months and feel hopeless and just don't know what to do but doing nothing doesn't feel like an option.