Attorney puts down 10:00 a.m. for a hearing, when it is set for 9:00 a.m. Legal Malpractice? See this case. It will cost one attorney $ 70,000 per hour for lateness. “O’Connor, who said he has filed his own motion disputing Narvaez’s request to negate the default judgment, said being late to a hearing amounts to “malpractice” and putting the wrong time on a calendar should not be considered a valid excuse” Case details.