Legal Question in Legal Malpractice in Virginia

Public Defender Malpractice/Negligence
My wife is currently incarcerated because of a Failure to appear charge regarding a Revocation hearing (sched. for oct3)- however, at the time of her alleged F.T.A, she was in custody in a different county (Same state). Prior to the Rev. Hearing, her court appointed attorney for said hearing was alerted that she was in custody. As a result, The court appointed attorney told us that she had filled a motion to continue, which was then set for Dec 12 and would see us there. Many times leading up to dec 12 we tried to contact her to no avail (could only LEAVE voicemails, never any call backs). Last week when we showed up to her Dec 12 continuance, she was arrested on a warrant for missing the oct3 date- the date which we were told was continued. My wife had her arraingment today, but her lawyer was nowhere to be found. I have left multiple messages for her, but she has not returned any.
Again, she was COURT APPOINTED

My question is whether or not there is any action we can take against the office of the P.D., and if we would be right in doing so.

Asked on 12/16/08, 9:54 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Public Defender Malpractice/Negligence

You could certainly consider filing a bar complaint against this attorney who appears to have problems keeping her calendar straight.

I would doubt that any liability could be sucessfully charged against her employer.

Answered on 12/17/08, 12:25 am

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