ASG Law

Tag: Default Judgment

  • Default Judgments and Due Process: Protecting Rights in Philippine Courts

    Protecting Your Rights: Understanding Default Judgments and Due Process in Philippine Courts

    G.R. No. 96999, June 10, 1997, Carlos O. Ysmael vs. Court of Appeals

    Imagine investing your life savings in a property, only to find out years later that the seller can’t deliver the title. What recourse do you have? What if the seller ignores the legal proceedings and a judgment is entered against them by default? This case explores the delicate balance between ensuring justice for the wronged party and protecting the rights of the defendant, even when they fail to participate in the legal process.

    Introduction: The Case of Ysmael vs. Court of Appeals

    This case revolves around a property sale that went wrong. Carlos Ysmael sold two lots to Eliseo Jamlang on an installment basis. After Jamlang completed payments, Ysmael failed to deliver the titles. It was later revealed that Ysmael had mortgaged the properties, which were subsequently foreclosed. Jamlang filed a complaint with the Housing and Land Use Regulatory Board (HLURB) for specific performance. Ysmael failed to respond, was declared in default, and the HLURB ordered him to deliver the titles. When he couldn’t, an alias writ of execution was issued, leading to the sale of Ysmael’s property to satisfy the debt. The core legal question is whether the execution proceedings, particularly the alias writ, violated Ysmael’s right to due process.

    Legal Context: Default Judgments and Due Process

    In the Philippines, a default judgment can be entered against a defendant who fails to file an answer or appear in court within the prescribed period. This doesn’t automatically mean the plaintiff wins everything they asked for. The court must still determine if the plaintiff is entitled to the relief sought. The Rules of Court, specifically Rule 9, Section 3(a), governs default judgments. Also, Section 5, Rule 18 states that the judgment against a party in default shall not exceed the amount or be different in kind from that prayed for.

    Due process is a fundamental right guaranteed by the Philippine Constitution. It ensures that no person shall be deprived of life, liberty, or property without due process of law. This includes the right to notice and an opportunity to be heard. Even in default cases, the defendant is entitled to certain procedural safeguards.

    Presidential Decree No. 957, also known as the Subdivision and Condominium Buyers’ Protective Decree, protects real estate buyers from unscrupulous developers. Section 25 of P.D. 957 prohibits developers from mortgaging properties without the consent of the buyer. A violation of this section can lead to administrative fines and criminal charges.

    Example: Imagine a homeowner sued for unpaid debts, ignores the lawsuit, and a default judgment is entered. Even in default, the creditor can’t seize assets beyond what’s legally permissible, like the homeowner’s primary residence (subject to certain exceptions).

    Case Breakdown: The Procedural Journey

    1. Initial Sale and Default: Ysmael sold lots to Jamlang but failed to deliver titles after full payment.
    2. HLURB Complaint: Jamlang filed a complaint with the HLURB for specific performance and damages.
    3. Declaration of Default: Ysmael failed to answer or appear, leading to a default order.
    4. HLURB Decision: The HLURB ordered Ysmael to deliver the titles and pay an administrative fine.
    5. First Writ of Execution: HLURB issued a writ directing Ysmael to comply. It was returned unsatisfied.
    6. Alias Writ of Execution: HLURB issued an alias writ, adding an alternative command to pay the current market value of the lots.
    7. Property Levy and Sale: Ysmael’s property was levied and sold at public auction to Jamlang.
    8. Eviction Order: An order was issued to evict Ysmael from the property.
    9. Appeal to Court of Appeals: Ysmael appealed, arguing a violation of due process.
    10. Supreme Court Review: Ysmael elevated the case to the Supreme Court.

    The Supreme Court emphasized the principle of estoppel, noting Ysmael’s failure to object to the alias writ of execution until after his property was sold. The Court stated:

    “… The doctrine of estoppel is based upon the grounds of public policy, fair dealing, good faith and justice, and its purpose is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon.”

    The Court also highlighted Ysmael’s bad faith, as he mortgaged the property after receiving full payment from Jamlang. The Court further stated:

    “He who comes to court for relief must come with clean hands.”

    Ultimately, the Supreme Court denied Ysmael’s petition, finding that he was estopped from challenging the execution proceedings due to his inaction and that he acted in bad faith.

    Practical Implications: Lessons for Property Owners and Buyers

    This case underscores the importance of actively participating in legal proceedings, even if you believe you have no defense. Ignoring a lawsuit can lead to a default judgment and potentially the loss of your property. It also highlights the concept of estoppel. If you are aware of irregularities in legal proceedings, you must act promptly to protect your rights. Failure to do so may prevent you from challenging those irregularities later.

    Key Lessons:

    • Respond to Lawsuits: Don’t ignore legal notices. Seek legal advice immediately.
    • Act Promptly: If you see errors in court orders or execution proceedings, object immediately.
    • Clean Hands: Ensure your own conduct is ethical and legal. Bad faith can undermine your legal position.

    Hypothetical Example: A business owner receives a notice of garnishment against their bank account. Instead of investigating, they ignore it. Later, they discover the garnishment was based on a clerical error. Because they failed to act promptly, they may have difficulty recovering the funds.

    Frequently Asked Questions

    Q: What is a default judgment?

    A: A default judgment is a judgment entered against a defendant who fails to file an answer or appear in court.

    Q: What is an alias writ of execution?

    A: An alias writ of execution is a second or subsequent writ issued to enforce a judgment when the first writ was unsuccessful.

    Q: What is estoppel?

    A: Estoppel prevents a person from denying something that they previously asserted or implied, especially when someone else has acted in reliance on that assertion.

    Q: What does “due process” mean?

    A: Due process ensures that no person shall be deprived of life, liberty, or property without fair legal procedures and safeguards.

    Q: What is P.D. 957?

    A: P.D. 957, the Subdivision and Condominium Buyers’ Protective Decree, protects real estate buyers from fraudulent practices by developers.

    Q: What happens if I ignore a lawsuit?

    A: Ignoring a lawsuit can lead to a default judgment against you, potentially resulting in the loss of assets or other legal consequences.

    Q: Can a default judgment be modified?

    A: Generally, a final and executory judgment cannot be modified, except for clerical errors. However, the court retains supervisory control over its execution.

    ASG Law specializes in Real Estate Law, Contract Law, and Civil Litigation. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Navigating Summons and Defaults: A Guide to Corporate Director Liability in the Philippines

    Understanding Valid Service of Summons and Avoiding Default Judgments

    G.R. No. 110610, April 18, 1997; G.R. No. 113851, April 18, 1997

    Imagine a director of a company suddenly facing a multi-million peso lawsuit, not because of direct involvement, but due to alleged corporate liabilities. What if the summons never reached them personally, but was served on a law firm that may or may not have been authorized? This scenario highlights the critical importance of proper service of summons and the dire consequences of default judgments, especially for corporate directors. The Supreme Court case of Arturo R. Macapagal vs. Hon. Court of Appeals and Ricardo C. Silverio, Sr. vs. The Court of Appeals delves into these issues, clarifying the rules for valid service and the responsibilities of both the serving party and the defendant.

    The Legal Landscape of Summons and Corporate Liability

    In the Philippines, the Rules of Court meticulously outline how a lawsuit begins. A crucial step is the service of summons, which officially notifies the defendant about the case against them. This ensures due process – the right to be heard and defend oneself. Without proper service, the court cannot exercise jurisdiction over the defendant.

    What is a Summons? A summons is a document issued by the court directing the defendant to appear and answer the plaintiff’s complaint. It’s the formal notification that a lawsuit has been filed.

    Rule 14, Section 13 of the Rules of Court is particularly relevant when dealing with domestic corporations. It explicitly states that service of summons can be made on the president, manager, secretary, cashier, agent, or any of the directors. This broad provision aims to ensure that the corporation receives notice, even if the president or manager is unavailable.

    “Section 13 of Rule 14 provides that if the defendant is a domestic corporation service of summons may be made on the president, manager, secretary, cashier, agent or any of its directors.”

    However, what happens when a director claims they weren’t properly notified? This is where the concept of agency comes into play. If a law firm is authorized to represent the corporation or its directors, service on that firm might be considered valid. The key question is whether the law firm had the authority to receive summons on behalf of the defendant.

    Example: Suppose Mr. Cruz, a director of ABC Corp., is sued along with the company. The sheriff attempts to serve the summons at ABC Corp.’s registered address but is told Mr. Cruz is usually at the law firm XYZ & Associates. If XYZ & Associates accepts the summons on behalf of Mr. Cruz, and they have a history of representing him or ABC Corp., the court might consider this valid service, even if Mr. Cruz wasn’t personally handed the document.

    The Case Unfolded: Macapagal and Silverio vs. Yau

    This case revolves around Esteban Yau’s complaint against Philippine Underwriters Finance Corporation (Philfinance) and its board of directors, including Arturo R. Macapagal and Ricardo C. Silverio, Sr., for the recovery of the value of a promissory note and damages. Yau claimed that Philfinance failed to honor a promissory note he purchased.

    The central issue was whether Macapagal and Silverio were properly served with summons. The sheriff initially attempted service at Delta Motors Corporation, their indicated address, but was unsuccessful. He was then referred to the law office of Salva, Villanueva and Associates, where the summons was eventually served.

    The defendants, including Macapagal and Silverio, challenged the validity of the service, arguing that the law firm was not authorized to receive summons on their behalf. The trial court disagreed, and when they failed to file an answer, they were declared in default. Their appeal was later dismissed due to non-payment of docket fees, leading to the enforcement of a substantial judgment against them.

    Here’s a breakdown of the key events:

    • 1984: Esteban Yau files a complaint against Philfinance and its directors.
    • July 16, 1984: Summons served on Salva, Villanueva and Associates.
    • July 24, 1984: Defendants challenge the service of summons.
    • November 8, 1984: Defendants declared in default.
    • March 27, 1991: Trial court renders judgment against the defendants.
    • November 27, 1991: Appeal dismissed due to non-payment of docket fees.
    • July 31, 1992: Trial court orders execution of its decision.

    Macapagal and Silverio then pursued separate legal avenues, but both ultimately failed. Macapagal’s petition for certiorari and prohibition was dismissed based on res judicata (the matter had already been decided), while Silverio’s motion to reinstate the appeal was denied due to the finality of the dismissal order.

    The Supreme Court, in upholding the Court of Appeals’ decisions, emphasized the importance of finality of judgments and the consequences of failing to diligently pursue one’s legal remedies.

    The Court stated:

    “The object of summons is to inform the defendant in an action commenced against him directing him to answer the complaint within the reglementary period and giving notice that failure to answer shall result in judgment by default.”

    And further added:

    “…even at the risk of occasional errors, judgments must at some point be regarded as final, otherwise, litigation will become interminable.”

    Practical Implications and Key Lessons

    This case offers several crucial lessons for corporate directors and businesses:

    • Ensure Proper Service: Always ensure that a designated individual or office is authorized to receive summons on behalf of the corporation and its directors.
    • Respond Promptly: If a summons is received, even if you believe it’s improper, take immediate action. Do not ignore it.
    • Monitor Legal Matters: Directors have a responsibility to stay informed about legal proceedings affecting the corporation, even if they delegate legal matters to counsel.
    • Pay Docket Fees: This seemingly small detail can have disastrous consequences. Ensure that all required fees are paid on time.
    • Act Against Negligence: If you believe your counsel is negligent, take appropriate action promptly.

    Key Lessons: Valid service of summons is crucial for due process. Corporate directors must be vigilant in ensuring proper notification of lawsuits. Negligence, both by counsel and the client, can lead to irreversible consequences.

    Frequently Asked Questions

    Q: What happens if I don’t respond to a summons?

    A: Failure to respond to a summons within the prescribed period can result in a default judgment against you. This means the court may rule in favor of the plaintiff without you having the opportunity to present your defense.

    Q: Can a law firm accept a summons on my behalf?

    A: Yes, if the law firm is authorized to represent you or your company. It’s crucial to clarify the scope of the law firm’s authority.

    Q: What is res judicata?

    A: Res judicata is a legal principle that prevents a party from relitigating an issue that has already been decided by a court of competent jurisdiction.

    Q: What should I do if I believe my lawyer was negligent?

    A: You should consult with another lawyer to discuss your options, which may include filing a complaint against your former lawyer for professional negligence.

    Q: How can I avoid default judgments?

    A: The best way to avoid default judgments is to be proactive. Ensure you have a reliable system for receiving and responding to legal notices. Consult with a lawyer as soon as you receive a summons.

    ASG Law specializes in corporate litigation and civil law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Default Judgments: When Can You Overturn One Due to Lawyer Negligence?

    When is a Lawyer’s Mistake Enough to Overturn a Court Decision?

    G.R. No. 111478, March 13, 1997

    Imagine your business is on the line because your lawyer missed a crucial deadline. Can you undo the court’s decision? This case explores the limits of when a lawyer’s negligence can justify overturning a default judgment. It delves into the concepts of extrinsic fraud, due process, and the responsibilities of both lawyers and clients in legal proceedings.

    Introduction

    In the Philippine legal system, a default judgment can be a devastating blow. It occurs when a defendant fails to respond to a lawsuit within the prescribed time, leading the court to rule in favor of the plaintiff without the defendant presenting their side of the story. But what happens when this failure is due to the negligence, inefficiency, or carelessness of the defendant’s lawyer? Can such lapses be grounds to annul the default judgment? The Supreme Court, in the case of George F. Salonga and Solid Intertain Corporation vs. Court of Appeals, Hon. Julio R. Logarta, and Paul Geneve Entertainment Corporation, addressed these critical questions.

    This case revolves around a dispute over a joint venture agreement. When the defendants failed to file a timely response to the lawsuit, a default judgment was issued against them. They then attempted to overturn this judgment, arguing that their lawyer’s negligence constituted extrinsic fraud and a denial of due process.

    Legal Context: Extrinsic Fraud and Due Process

    Understanding the legal principles at play is crucial. Two key concepts are central to this case: extrinsic fraud and due process.

    Extrinsic fraud refers to fraudulent acts of the winning party that prevent the losing party from presenting their case fully and fairly. It’s fraud that occurs outside of the trial itself. For example, bribing a witness to give false testimony or concealing evidence from the opposing party would constitute extrinsic fraud. It is a ground for annulling a judgment.

    Due process, guaranteed by Section 1, Article III of the 1987 Constitution, ensures that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. In legal proceedings, it means providing a fair opportunity to be heard and present one’s case.

    The Supreme Court has consistently held that a judgment can only be annulled on two grounds: lack of jurisdiction or denial of due process, or extrinsic fraud. The Court emphasized that negligence of counsel generally binds the client, except in cases of reckless or gross negligence that deprives the client of due process.

    The Court has stated that the “essence of due process is to be found in the reasonable opportunity to be heard and submit any evidence one may have in support of one’s defense. ‘To be heard’ does not mean only verbal arguments in court; one may be heard also through pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process.”

    Case Breakdown: Salonga vs. Paul Geneve Entertainment Corporation

    The case began with a joint venture agreement between Paul Geneve Entertainment Corporation and Solid Intertain Corporation. A dispute arose, leading Paul Geneve to file a complaint for specific performance against George F. Salonga and Solid Intertain Corporation.

    Here’s a breakdown of the key events:

    • Summons and Complaint: Petitioners received a copy of the summons and complaint.
    • Restraining Order: A restraining order was issued against the petitioners, enjoining them from operating Club Ibiza.
    • Hearings and Motions: Petitioners’ counsel failed to appear at several hearings, and no answer was filed despite motions for extension.
    • Default Declared: Due to the failure to file an answer, the trial court declared the petitioners in default.
    • Judgment: The trial court rendered a decision in favor of Paul Geneve, ordering the petitioners to perform the agreement and pay damages.

    Salonga and Solid Intertain then sought to annul the judgment, arguing that their lawyer’s negligence constituted extrinsic fraud. They claimed that their lawyer’s repeated failures to attend hearings and file pleadings prevented them from presenting their case.

    The Supreme Court disagreed, stating that the negligence of counsel binds the client. The Court found that the lawyer’s actions, while negligent, did not amount to extrinsic fraud because there was no evidence that the private respondent caused or colluded in the lawyer’s negligence. As the Court stated, “The nature of extrinsic fraud, as discussed previously, necessarily requires that its cause be traceable to some fraudulent act of the prevailing party committed outside the trial of the case.”

    The Court further noted that the petitioners were given opportunities to be heard but failed to take full advantage of them. “Indeed, deprivation of due process cannot be successfully invoked where a party was given the chance to be heard in his motion for reconsideration,” the Court stated.

    Practical Implications: Lessons for Businesses and Individuals

    This case underscores the importance of diligently monitoring your legal representation. While lawyers have a duty to represent their clients competently, clients also have a responsibility to stay informed and engaged in their cases.

    Key Lessons:

    • Monitor Your Case: Regularly communicate with your lawyer and stay informed about deadlines and hearing dates.
    • Document Everything: Keep records of all communications and filings related to your case.
    • Seek a Second Opinion: If you have concerns about your lawyer’s performance, consult with another attorney.
    • Act Promptly: Don’t delay in addressing any issues or concerns that arise during the legal process.

    Hypothetical Example: Imagine a small business owner, Maria, hires a lawyer to defend her against a breach of contract claim. The lawyer assures Maria that he will handle everything. However, the lawyer misses a critical deadline, and a default judgment is entered against Maria. Under the Salonga ruling, Maria may have difficulty overturning the default judgment unless she can prove that the opposing party somehow caused or colluded with her lawyer’s negligence. Maria’s best course of action would have been to actively monitor the case and ensure that her lawyer was fulfilling his responsibilities.

    Frequently Asked Questions

    Q: What is a default judgment?

    A: A default judgment is a ruling entered by a court against a defendant who fails to appear or respond to a lawsuit within the prescribed time.

    Q: What is extrinsic fraud?

    A: Extrinsic fraud refers to fraudulent acts of the prevailing party that prevent the losing party from presenting their case fully and fairly.

    Q: Can I overturn a default judgment if my lawyer was negligent?

    A: It depends. You must show that your lawyer’s negligence amounted to gross negligence that deprived you of due process, or that the opposing party caused or colluded in your lawyer’s negligence.

    Q: What is due process?

    A: Due process is the legal requirement that the government must respect all legal rights that are owed to a person. It ensures a fair opportunity to be heard and present one’s case.

    Q: What should I do if I think my lawyer is not handling my case properly?

    A: Communicate with your lawyer, document everything, seek a second opinion, and act promptly to address any issues.

    ASG Law specializes in litigation and dispute resolution. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • The Importance of Proper Notice in Philippine Legal Proceedings: A Case Analysis

    Why Proper Notice is Critical in Philippine Courts

    G.R. No. 120496, July 17, 1996

    Imagine a scenario where a crucial court hearing proceeds without your knowledge, resulting in a default judgment against you. This highlights the critical importance of proper notice in legal proceedings, ensuring fairness and due process. The case of Five Star Bus Co., Inc. vs. Court of Appeals underscores this principle, emphasizing that parties must be duly notified of court schedules, especially pre-trial conferences. This case clarifies the responsibilities of both the court and the lawyers in ensuring that all parties are informed and have the opportunity to participate.

    Understanding Due Process and Notice

    At the heart of the Philippine legal system is the concept of due process, which guarantees every person the right to be heard and to defend themselves in court. Proper notice is a cornerstone of due process, ensuring that individuals are aware of legal actions affecting their rights and interests. Without adequate notice, a party is effectively denied the opportunity to present their side of the story, leading to potentially unjust outcomes. The 1987 Constitution, specifically Article III, Section 1, states, “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” This constitutional guarantee is more than just a formality; it is the bedrock of fairness and justice in our legal system.

    In practical terms, proper notice means that a party must receive timely and accurate information about the date, time, and purpose of a court hearing or other legal proceeding. This allows them to prepare their case, gather evidence, and secure legal representation if necessary. The Rules of Court outline specific requirements for serving notice, including personal service, substituted service, and service by publication. The specific method depends on the nature of the action and the availability of the party. For example, in civil cases, summons must be served on the defendant to officially notify them of the lawsuit.

    Consider a hypothetical situation: A small business owner is sued for breach of contract. If the summons is improperly served – perhaps left at a neighbor’s house without any attempt to personally deliver it – the business owner may be unaware of the lawsuit. If the court proceeds without their knowledge, a default judgment could be entered against them, potentially bankrupting the business. This highlights the devastating consequences of failing to ensure proper notice.

    The Five Star Bus Co. Case: A Detailed Look

    The case of Five Star Bus Co., Inc. vs. Court of Appeals arose from a tragic vehicular accident involving a passenger bus owned by Five Star. The parents of a deceased passenger, Pedro and Lydia Santos, filed a complaint for breach of contract of carriage and damages against Five Star and its driver, Carlos Salonga. The Santos spouses sought indemnification for the death of their son, Joey Santos, alleging negligence on the part of the bus driver.

    The procedural history of the case is as follows:

    • The Santos spouses filed a complaint with the Regional Trial Court (RTC) of Kalookan City.
    • The RTC scheduled a pre-trial conference and instructed both parties to file pre-trial briefs.
    • Five Star and its counsel failed to appear at the pre-trial conference and did not file a pre-trial brief.
    • The RTC declared Five Star in default and allowed the Santos spouses to present evidence ex parte.
    • The RTC rendered a decision in favor of the Santos spouses.
    • Five Star filed motions to set aside the order of default and for reconsideration, which were denied.
    • Five Star appealed to the Court of Appeals (CA).
    • The CA affirmed the RTC’s decision but added an award for moral damages.

    The Supreme Court (SC) addressed the issue of whether the trial court erred in declaring Five Star in default. The SC emphasized the importance of notifying parties separately from their counsel, stating:

    “We have ingrained the rule that when the court schedules a case for pre-trial, notices must be served on the party separately from his counsel which may be made directly to both party and counsel.”

    The Court also noted the responsibility of counsel to inform their clients of the pre-trial conference:

    “It is the duty of counsel upon whom a pre-trial notice is served to see to it that his client receives such notice and attends the pre-trial, otherwise, he will be liable for grave administrative disciplinary action.”

    While the SC upheld the default order due to the negligence of Five Star’s counsel, it deleted the CA’s award of moral damages because the Santos spouses did not appeal the RTC’s original decision. The court reiterated the rule that an appellee who is not an appellant may not seek modification or reversal of the judgment without filing their own appeal.

    Practical Implications and Key Lessons

    This case underscores the critical importance of ensuring that all parties involved in legal proceedings receive proper notice. Failure to do so can have severe consequences, including default judgments and the loss of legal rights. Businesses and individuals should take proactive steps to ensure that they are aware of any legal actions affecting them and that they have the opportunity to participate in the proceedings.

    Key Lessons:

    • Counsel Responsibility: Lawyers have a duty to promptly notify their clients of all court schedules and deadlines.
    • Client Vigilance: Parties should actively communicate with their lawyers and confirm that they have received all necessary notices.
    • Address Updates: Ensure that the court and all relevant parties have your current contact information.
    • Motion for Reconsideration: If you miss a hearing due to lack of notice, immediately file a motion for reconsideration explaining the circumstances.

    For businesses, this case serves as a reminder to establish clear procedures for handling legal notices and to maintain open communication with their legal counsel. For individuals, it highlights the importance of staying informed and actively participating in any legal proceedings that may affect their rights.

    Frequently Asked Questions

    Q: What happens if I don’t receive notice of a court hearing?

    A: If you can prove that you did not receive proper notice of a court hearing, you may be able to have any resulting judgment set aside. You should immediately file a motion for reconsideration or a motion to set aside the judgment, explaining the circumstances and providing evidence of lack of notice.

    Q: What is a pre-trial conference?

    A: A pre-trial conference is a meeting between the parties and the judge before the actual trial. Its purpose is to simplify the issues, discuss settlement possibilities, and set the schedule for trial.

    Q: What is a default order?

    A: A default order is an order issued by the court when a party fails to appear in court or file a required pleading. It essentially means that the party has lost the case by default.

    Q: What is ex parte presentation of evidence?

    A: Ex parte presentation of evidence means that one party presents evidence to the court without the other party being present. This typically happens when a party has been declared in default.

    Q: What should I do if I receive a legal notice that I don’t understand?

    A: If you receive a legal notice that you don’t understand, you should immediately consult with a lawyer. A lawyer can explain the notice to you, advise you on your rights and obligations, and represent you in court if necessary.

    Q: What if my lawyer fails to notify me of a hearing?

    A: Your lawyer has a professional responsibility to keep you informed about your case. If your lawyer fails to notify you of a hearing, you may have grounds for a legal malpractice claim.

    ASG Law specializes in litigation and dispute resolution. Contact us or email hello@asglawpartners.com to schedule a consultation.