You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. You can prove your attorney failed, through negligence, to file your case in a timely manner.Step 1 in any lawsuit is get your own attorney. Pursuing a lawsuit against a defendant that has no means to pay off damages is a costly endeavor. If an attorney acted negligently and it adversely affected your case, we will help you hold them accountable. Call us today at (212) 732-9000. Feinman, 99 N.Y.2d 295,. (2002). Step 1 in any lawsuit is get your own attorney. If the client lays out specific instructions for the attorney and the attorney goes against them, the client can claim malpractice. All You Have To Do Is Call 2015844527 or Fill Out Our Free Case Evaluation Form.