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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117369
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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To Law Educator: Law Firm A added Law Firm "as co-counsel"

Customer Question

To Law Educator: Law Firm A added Law Firm B "as co-counsel" when Defendant subpoenaed an attorney from Law Firm B who was previous counsel for Plaintiff. After a dismissal for Lack of Prosecution, Law Firm B files for Substitution of Plaintiff. Denied by Office of Foreclosure because case was dismissed. Duh. Can Law Firm B now file for reinstatement of complaint when there has been no Substitution of Attorney and did Law Firm B and/or Law Firm A waive their to reinstate the dismissal ?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Law firm B could file a new suit for the new plaintiff they were trying to substitute in the dismissed case. If it is a new plaintiff and the new plaintiff has legal standing, then Firm B can represent new plaintiff even if they joined the old case as co-counsel and no substitution of counsel is needed. If there is no new plaintiff and no new case, and B is trying to reinstate the case with the old plaintiff, then B has to show proof they have rights to represent the old plaintiff as registered co-counsel. If they were registered as co-counsel, no substitution of counsel is required, because either of the co-counsel can file motions on behalf of the named plaintiff in the case.