Liability lawyer: Questions and answers

Questioner

A lawyer who acted as counsel in a subdistrict court procedure did not make sufficient efforts to obtain a digital message that was sent to the defendant because this, on the basis of the so-called obligation to exhibit (Rv 843a), refers to the situation in which the contents of a written piece of evidence are in principle known to a party, but that the party does not have it in its possession, while the party would like to submit the document in question in a procedure, for example. The attorney can then demand that the document or a copy thereof be given to her or that she be given access to it. The counsel did not make use of this legal action, for which she cannot provide a reasoned explanation. I am of the opinion that the councilor has not fulfilled her duty of care towards me, as a result of which I have suffered loss/damage. Can this lawyer be held liable for attributable failure?

Lawyer

I cannot judge whether there is a professional error. But if that is the case, you can certainly call the lawyer to account and claim compensation. If all is well, the lawyer is insured for professional liability. Furthermore, it may be possible to file a complaint with a professional organization if it is affiliated with one. Please feel free to contact me for consultation. I will be happy to help you with this.