Cordova, TN asked in Civil Litigation and Legal Malpractice for Tennessee

Q: Under Tennessee law. If my attorney dismisses my federal lawsuit without my knowledge or consent, what are my options?

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Time limits apply, so you will need to act promptly. If this occurred recently, you can file a motion ( a written request) with the to set aside ( un-do) the dismissal). If too much time has passed, you might still be able to re-file the lawsuit, but this is very complicated ( NOT something you can do without a lawyer). It depends on whether the dismissal was "with" or "without prejudice". Explaining that distinction would take more time and space than is permitted in this type of question/answer format. Finally, if the lawyer acted without your consent, you may have the right to make a claim against that lawyer. At minimum, you should consult the "Board of Professional Responsibility" which is that part of State government which control lawyers, they can advise you on possible sanctions against the lawyer.

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