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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116160
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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For PaulMJD... In federal court, I am suing a Village. I

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For PaulMJD... In federal court, I am suing a Village. I filed a motion for summary judgment, and the Village filed their cross motion for summary judgment. I retained an attorney, and he was suppose to answer the Village's cross motion. This attorney did not file his appearance and did not file the required answer. I did not know until the Village's attorney informed me. What motion should I file to ask the court to give me a chance to file that answer to the Village's cross motion?
Submitted: 7 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 years ago.
You should do two things. First, if you hired the attorney and he failed to perform, then you need to file a complaint with the Office of Disciplinary Counsel of the ARDC. Also, you need to file a motion for an extension of time to file your response and in the motion you state the name of the attorney you hired, attach proof you hired him and the ARDC complaint filed for malpractice. If you end up losing this case you could also have a lawsuit against the attorney for malpractice if you can prove that had he answered this as he was bound to do that you had a high probability of winning your claim.

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Customer: replied 7 years ago.
I do not think that a motion for extended time would be appropriate, it has been a few months. I believe that I should file a motion for leave to respond. Would that be correct, or do I file a motion for extended time?
Expert:  Law Educator, Esq. replied 7 years ago.
I understood that he failed to respond but was within the date to respond, if he missed the date to respond, then you will have to file a Motion for Leave to Respond Out of Time, and you should also be looking at possibly suing the attorney for malpractice.
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