In October, 2002, a man hired Atty. John R. Dade to file a lawsuit against his neighbors in circuit court. The lawsuit alleged that the man’s neighbors had committed trespass, invaded the man’s right of privacy, damaged his property, and committed theft. The defendants filed an answer, affirmative defenses, and counterclaims and asserted, in part, that they and their predecessors had adversely possessed a certain strip of land for 24 years. The defendants also alleged that Dade’s client had removed their trees and committed harassment. The defendants sought damages for trespass, property damage, theft and timber trespass.

Dade received the defendants’ counterclaims together with the answer and affirmative defenses, but Dade did not realize that counterclaims were attached. Dade did not file an answer to the counterclaims, and adverse counsel moved for a default judgment. Dade successfully defended the motion for default judgment, but his client was ordered to pay costs and attorney fees relating to the motion. Dade did not inform his client that counterclaims had been made and not answered or that costs and attorneys fees were assessed against the client until well after the events had taken place. The lawsuit continued on the defendants’ counterclaims.

On January 5, 2004, the defendants filed a motion for summary judgment, seeking the dismissal of Mr. Dade’s client’s claims. Dade did not file a response. On March 24, 2004, the court dismissed all of Dade’s client’s claims, and the lawsuit continued on the defendants’ counterclaims. Dade indicated that his not responding to the summary judgment motion was a strategic decision, in that Dade had decided to focus on the defendants’ adverse possession claim. If Dade’s client prevailed on the adverse possession claim, then his ownership of the contested strip off land would have been confirmed. However, Dade did not discuss the summary judgment motion with his client.

At the jury trial in May, 2004, the defendants prevailed and were awarded damages of over $2,000 and punitive damages of over $10,000. Upon considering the defendants’ post-verdict motions, the court ordered Dade’s client to pay triple damages of $6,000 along with costs and attorney fees of over $20,500. The total judgment against Dade’s client exceeded $38,700.

On August 17, 2004, Dade’s client gave Dade the sum of $300.00 to cover the filing fee of an appeal. On August 24, 2004, Dade filed the notice of appeal, but he did not pay the filing fee. On October 11, 2004, the Court of Appeals issued an order stating that if the fee was not paid within five days, the appeal would be dismissed. On October 13, 2004, the Court of Appeals issued an order stating that the docketing statement had to be filed by October 20, 2004, or the case would be dismissed. Dade did not respond. On October 27, 2004, the Court of Appeals dismissed the appeal for failure to pay the filing fee of $195.00 and stated that Dade was still responsible for that amount. Dade paid the filing fee on November 8, 2004. Dade also refunded the $300.00 to the client.