bert bert, be aware that this question has gathered a lot of answers from people who have no idea what they re talking about. Let s assume they mean well and simply have no experience. A lawyer who s any good has such conflicts pop up many times. There s no way to tell how long a trial will last; the one he expected to end Monday could still be in progress on Thursday. Or the one that should have been a slam-dunk over before noon could have become more complicated. It s perfectly valid to send a staff member to court to tell the judge why the attorney is not there and seek a continuance. (And to tell the client to shut up, as someone already said.) It does not mean your lawyer doesn t care about your case or isn t earning his money.
all depends you must be going to trial sometimes my lawyers will not appear for the little dates
If you had a contract with him, stating all this and if you kept the receipe you paid him with, it was his business to come and show up in court to represent you. A secretary is not a lawyer that can define the law like a lawyer can. Take him to small claims business court. They will get you your money back. Also file a claim with the Department of Liscencing it will put a negative mark on his record. Hire another lawyer but check em out first.
Demand a refund. Complain to the bar. His only excuse should be if he was not allowed to leave court, or was in a traffic accident, or under arrest! Well...if he was sick and hospitalised of unable to get out of bed due to a legitimate medical condition. If the woman who was there had passed the bar and was a member of the firm, then he would be covered on the basis of ethics, since once you are a client of the firm, confidentiality covers you with ALL the lawyers in the firm. If she is a Para-Legal...that s in a grey area. If she is actually not even a law student...he s in serious ethical hot water.
uhm.....yes
If the quot;secretaryquot; showed up to postpone the date because the attorney had another obligation then sit tight until your next court date. The judge will make sure you are represented.
Well... I m still a minor but I can say this... The bastard could have told you up front that there was another trial. He doesn t seem like a good lawyer if he can t be direct with you. I say screw him and drop him. Ask for a refund. If you pay him and expect him to be there, yes, he should be there. More peaceful way: Talk to him about it, first and tell him the consern about it. Make him aware of his faults so he s aware of it in the future. If he continues this immature behavior, fire him. That s my opinion and I m stickin to it.
If his quot;secretaryquot; rescheduled the trial why do you have a problem with that? He is not only your lawyer and can t be in two places at once. By the way secretaries do not make appearances in court.
demand a refund immediatly, because apparently he s to busy for you. In other words get a new lawyer
Every lawyer has multiple cases going on at the same time. (Unless they are SO bad that they only have one client......) Sometimes a judge in one case will schedule something at the same time that a judge in another case has also scheduled something. Sometimes you might have a hearing in front of Judge Smith in the morning and Judge Jones in the afternoon, but Judge Smith calls in and says he s going to hear his morning calendar after lunch. Sending a legal secretary or Paralegal to court to advise the Judge of a scheduling conflict rather than letting the client do it himself is a VERY good idea. Unaccompanied clients have a horrible habit of opening their mouths and saying stuff in court that is beneficial to the other side. A paralegal can t represent the client, or practice law, but she can say quot;Shut up!quot; when the client starts talking :-) Richard
If your lawyer does not show up for a prescheduled appointment then i would demand a refund and fire him.
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