What Can Be Discharged As a Wrongful Dismissal?
Wrongful Dismissal
Wrongful dismissal is a term that is broadly applied in BC courtrooms. It refers to the conduct of an attorney following an argument between them and a client in the process of filing a lawsuit. There are many instances where this term is used in BC courtrooms. Below we discuss several types of cases in which this term may occur.
First, there are the ones in which there was a conflict between the attorney and the opposing party (e.g., a construction dispute with a builder). If a timely notice of appeal is not filed within a certain period of time after the court has issued its ruling on the dispute, the court will dismiss the appeal. The attorney does not have a case to pursue, and there is no need to continue the case. The lawyer is free to withdraw from the case and neither pays any attorney fees nor does he receive any retainer from the losing party. Once the appeal is dismissed, the case cannot proceed. An attorney must file a motion to dismiss if he or she believes that the case should be dismissed because it is not likely to succeed.
Second, there are cases where there was improper conduct on the part of a member of the attorney’s staff. In wrongful dismissal cases, the attorney cannot be sued for the negligence of the attorney’s staff. However, the attorney is liable for anything the staff does or fails to do. For example, if a lawyer accidentally places a document in the wrong place, or he or she submits the incorrect form, the lawyer is responsible for correcting the mistake. Otherwise, the client could be able to file a lawsuit against the lawyer for the damages he or she has suffered as a result of the staff’s bad judgment.
What Can Be Discharged As a Wrongful Dismissal?
Third, there are instances when an attorney intentionally fails to file a report with the court. This can also constitute a wrongful dismissal in BC court. A lawyer may intentionally drop a case without proper cause, so that it will not go to trial. This is considered unethical by some lawyers, but the statute of limitations for filing a complaint against a lawyer for deliberately avoiding a case makes it difficult to show deliberate negligence. So, if you think your lawyer is purposefully failing to file a report, you may wish to file a complaint.
Fourth, attorneys may be accused of selective dismissals. Selective dismissals refer to a situation in which an attorney tends to drop a case that would benefit one of the parties. For instance, an attorney may choose to drop a fraud case in favor of a business client in order to maintain the client’s good reputation. Sometimes, the client may even complain that the attorney is being unfair to him or her by selecting which cases to handle.
Lastly, there are dismissals due to statute of limitations. The statute of limitations determines when an action must be filed. In many cases, a case cannot be brought after the statute of limitations expires. However, this does not always mean that a case cannot be handled. If you believe that your attorney has been ineffective in pursuing your case, you can file a claim for wrongful dismissal.