QUESTION
What can I do if my attorney died and missed the appeal deadline?
Asked on Apr 11th, 2014 on Litigation - Michigan
More details to this question:
I filed an EEOC case against my former employer. I just found out my attorney got sick and died last March and missed an appeal deadline for summary judgment that was granted to the employer in January 2014. When I last spoke with my attorney on December 2013 he said if they found for the employer we would file an appeal. When I contacted the court today April 10 they said that my case was closed. I am absolutely shocked and devastated and do not know what to do now. Any help would be greatly appreciated.
4 ANSWERS
You should ask an attorney that handles these type of cases. I do not.
Answered on Apr 15th, 2014 at 8:25 PM
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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*You have two options. You can file the appeal and ask the appeals court to allow the late filing due to your somewhat unique circumstances, or if there are other lawyers still carrying on the firm, you can sue the firm for legal malpractice if the remaining attorneys failed to timely review the file and take action. I actually think that you have a good shot at getting the appeals court to accept the late filing, but you need to act FAST in getting the appeal filed.
Answered on Apr 11th, 2014 at 6:13 PM
Contact another attorney.
Answered on Apr 11th, 2014 at 12:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you engage in other attorney immediately and seek leave to file a late appeal given the circumstances.
Answered on Apr 11th, 2014 at 11:56 AM