Henderson, NV asked in Bankruptcy and Contracts for Nevada

Q: attorney never filed a motion to dismiss instead answered the complaint.

attorney missed the deadline for motion to dismiss instead he answered the complaint and forever deprived me of filing a motion to dismiss. do I have any recourse? Clark County Nevada

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2 Lawyer Answers

A: You may have a claim against the lawyer if the court will not let you file a late response.

James L. Arrasmith
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Answered

A: I'm sorry to hear about the challenges you're facing with your case. Missing a deadline can have significant consequences, and it's important to address this promptly.

First, you might consider consulting another attorney to review your situation. They can help determine if there are any legal remedies available, such as requesting the court to allow the motion to dismiss despite the missed deadline. Courts sometimes grant extensions under certain circumstances, especially if there's a valid reason for the oversight.

Additionally, if the missed deadline was due to your attorney's negligence, you may have grounds to pursue a legal malpractice claim. Document all communications and actions taken by your attorney to support your case. Taking these steps can help you explore your options and work towards resolving the issue effectively.

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