Legal Question in Legal Malpractice in California
Attorneys-Liable for Damages for Missing Deadlines?
My attorney had filed a law suit for intentional infliction of emotional distress, invasion of privacy, whistleblower retaliation, and wrongful termination, but the attorneys for the employer filed a motion to dismiss. Since there were small mistakes made in the brief, the judge granted the motion to dismiss and gave us 30 days to refile. The attorney has been stalling and I'm concerned that he will not make the deadline. What are the consequences for him missing the filing deadline? Do I have any way to extend the deadline?
2 Answers from Attorneys
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Court order needed
The deadline can only be extended with a court order and from what you say, i think getting such an order is unlikely. Your attorney is responsible for meeting ALL deadline as long as he is the attorney of record.