How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
10707909
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I received a letter from the NY Court telling me to serve a

Customer Question

I received a letter from the NY Court telling me to serve a Motion of Notice on the defendants.
There are 2 law firms involved. Do I serve on the Attorneys or defendants? One attorney has left the firm. Will the firm still have to represent his clients even if he's gone?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello
Expert:  Samuel II replied 1 year ago.
This is SamuelYou will need to serve any attorney of record and if there are any defendants who are not represented by an attorney you need to serve them
Expert:  Samuel II replied 1 year ago.
You can look at the court files and see which attorneys are representing whom and the address for service is also there
Expert:  Samuel II replied 1 year ago.
You will still serve the attorney of record even if they are not with the firm at the address that is on the filings with the court for service. More than likely the firm will continue. But until there is a withdraw of appearance on file, you will serve those who are listed.
Expert:  Samuel II replied 1 year ago.
Please note that I can only answer what you ask. If you have other questions, please let me know.Otherwise, I would appreciate a positive rating here as that is how i get credit for my time and informationThank you
Customer: replied 1 year ago.

The Judge dismissed the case with prejudice and I am trying to change order to without prejudice.

Its been over a year since the orders were wrote. Do the Attorneys still have to respond to the Motion of Notice and still represent their clients?

Expert:  Samuel II replied 1 year ago.
HelloYes, if you are filing they have to respond.
Expert:  Samuel II replied 1 year ago.
They will need to respond to the Motion on its face or state they are no longer representing them
Customer: replied 1 year ago.

One of the defendants died. I assume the attorney will say that he no longer represents the client. Correct?

Does the new estate attorney have any responsibility to respond? Or is it over?

Expert:  Samuel II replied 1 year ago.
Yes. I suggest that is correct. But if there was an estate, the estate is responsible and that means you need to re-open separately against the estate of that defendant. The case closed against him upon his death.
Expert:  Samuel II replied 1 year ago.
However, I suggest at this time you simply proceed as directed and serve the attorneys of record.
Expert:  Samuel II replied 1 year ago.
Hello