Does a client who relies on his attorney for representation have a greater risk of failure to file a timely application?
MultiRegion, United States of America
The following excerpt is from Martinez v. Superintendent of E. Corr. Facility, No. 14-1513 (2nd Cir. 2015):
2. Ordinarily, of course, a litigant who relies on his attorney bears the risk of his agent's negligence (with respect to missed deadlines and otherwise). See Lawrence v. Florida, 549 U.S. 327, 336 (2007). However, when an attorney actually impedes timely filing in circumstances (such as abandonment) that are extraordinary, the petitioner's reasonable reliance on counsel is relevant to his reasonable diligence for the purposes of equitable tolling.
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