Salinas, CA Divorce Law Firms & Lawyers

No, that is probably not malpractice. While it is a good idea for lawyers to keep signed copies of documents for their clients, many clients fail to return them to the lawyer after signing them. In addition, some lawyers have a limit on how long they will hold documents for a client before sending them into long-term storage or destroying them. This is simple practicality given that attorneys usually don't have infinite space for all of the paperwork for every client they see throughout their lifetimes. It would've been a better idea to keep multiple signed copies in different locations for safe keeping.

The proof of service on discovery is not filed with the court. Discovery matters are to be self executing and generally do not require the involvement of the court. The court would become involved only if there are problems or disputes with the discovery process. The opposing attorney and party may have not responded to the discovery which may necessitate a Motion to Compel the discovery responses. If a Motion to Compel is filed, it is likely that the proof of service would be used as an exhibit to the Motion. However, the proof of service is not filed with the court.