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Good morning. Is he able to correct this? You shared that he admitted that he did it wrong but will he correct the problem?
Thank you for the additional information. If the attorney did something wrong, illegal, or unethical, it must be fixed and corrected. If this was not properly done, then it has no legal effect, so it is not a situation where it provides you any protection and if the attorney keeps it in place, which would be in bad faith if he knows he can not do this, then he could face sanctions and discipline by the Bar. Now, there is a difference between a Judge ruling in favor of another party but you and your attorney proceeding in good faith and a situation where he just messed up and needs to remove this. He can think that you will not win but can proceed and litigate this as opposed to keeping it there, when he knows it should not be there. You can certainly try and set a hearing sooner, if the Judge has room on their docket and the other party can appear. You would need to coordinate that hearing and if there are no problems, it can be done. What I do want you to be aware of is that if this was done wrong and it was not proper, then it could not remain.
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