I am a civil defense lawyer and realized we did not file responses to requests for admissions eight months ago when we responded to the other discovery the plaintiff served on us. It was an attorney error, not client error. Plaintiffs counsel has refused to let me withdraw the admissions. I am going to call the client and explain my mistake, but I am scared the client is going to pull all their other files from me. I’m trying to make partner this year. Any advice if this has happened to you?

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First, take a look at the admissions and see what you can and cannot live with. It may not be that bad.

Second, prepare and file a motion to extend time to answer them.

Third, call the client. Explain the mistake. Tell them of the plan to fix it.

Fourth, if the motion is denied, call your malpractice carrier immediately.

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What state? If CA, PC would need to bring a motion. It’s not automatic un CCP. Plus, you can get relief under the Code so long as it’s excusable neglect.

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