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HI ---Do I have this correct .. The motion that was filed by

my attorney will be addressed...
HI ---Do I have this correct .. The motion that was filed by my attorney will be addressed by opposing counsel .. There is no reason to think he'd reply until he has amended his complaint and refiled it ...being told that I could become the plaintiff if my attorney gets complaint in before amended makes no sense ... is that correct
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Answered in 9 minutes by:
6/11/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,081
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your new question and for asking for me.

For any pleading filed by a party the opposing party has a right and opportunity to respond to that motion. If the other party's complaint for some reason is dismissed and you have a counterclaim, you would be the remaining plaintiff. Also, in your counterclaim, you are the plaintiff of that counterclaim.



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Customer reply replied 4 years ago

OK .. so pretty much filing this motion does nothing but buy some time for my attorney .. if he was ready to go ... wouldn't it have made some sense to use the basis of his motion ... sometime later especially when the issue runs through most of the documentation they are basing their case on .. thus, this motion gave them a heads up to make sure everything is changed to address this motion throughout the case.


 


Have I asked is The XYZ Condominium suing me different the THE XYZ Condominium Association suing me ... that was the basis of the motion .. based on what the condo docs say and the dc condo act ... seems like a technicality at the same time he asked for clarification due to being able to determine the counterclaim and the 3rd parties

Thank you for your response.

The attorney could be filing the motion to buy time. He can also be filing it as a tactic to get the other party to respond and show their hand.

The motion is trying to get the case dismissed for them naming the improper party is what it is more likely than not.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,081
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

We know there hand .... we filed the motion on day 20 ( the response was due) ... it just seems to me it's a technacality used to buy my attorney time because he didn't have the work done he said he would to provide a proper response ...So this just drags things out another 30+ days it appears .. the only way to become the plaintiff ( which my attorney said was so vital ) would be if he had filed the motion and complaint/response at the time of the motion .. which he didn't .. He didn't expect the case to get thrown out .. thus he was helping himself to more time ? Will rate pay etc .. if you can answer or give an opinion of motive for this motion filed with no counterclaim etc

Thank you for the response. It could be a technical move on your attorney's part, but not knowing his motives I can only surmise that he is indeed trying to buy time to file the remaining documents he keeps telling you he will file.
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Customer reply replied 4 years ago

do you know any way I can get out of this arrangement with my attorney .. when he was afraid of a complaint or malpractice .. all of a sudden came the mention of how much i'd owe him.... if i did so ... so i'm kind of locked in ... i file against him, he demands a ridiculous amount of money for work he's not done , or I stay and this goes on for another 6 months, having already wasted 8

The only way out is fire him, but he has a right to collect for the work he has done for you and you would have to negotiate that and take him to court to dispute his fees. You can file a malpractice complaint with the bar against him and he will withdraw, but that does not mean he will not sue for his fees. However, you can choose to fight him over his fees and fire him and then hire a new attorney.
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Law Educator, Esq.
Law Educator, Esq.
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