Q: tained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day
I obtained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day to answer. Me not knowing she gave such permission went on the record and obtained judgment. Opposing attorney is now filing for a vacate judgement so what are my legal grounds I can stand on? She gave me nothing in writing etc., I think I can go after her if judgement is overturned . Legal malpractice!
Any recommendations please?
A: No, it's not malpractice to give what are normal professional courtesies. If your former counsel gave the extension, and the other side relied on it, and they filed the answer in time, I suggest you tell them you will agree to vacate the judgment and allow them to answer--a judge will do it anyway, and your making them spend time and money to do it means you lose the chance to get them to owe you a favor when you need it--and that time will come in the litigation.
A: You have no legal grounds to stand on. Your attorney gave the other attorney a professional courtesy that is very common. I deal with lawsuit on old credit cards where I defend the consumer and we are routinely given additional time to answer if we ask for it.
You will not win any legal malpractice lawsuit.
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