Q: What do I do when my lawyer passed away right before divorce trial?
My lawyer passed away right before my trial. I'm in the middle of a pretty horrible divorce. I've contacted the nysba multiple times with no call back or answer. The judges Chambers as well and my attorneys office. I've received no mail on if my court date has been moved or who is taking over as he was the only lawyer for his lawfirm. I'm at a loss of what to do. All I need is my file to hire on my new attorney but noone is at the office or answering the phones and my court date is coming up very soon. What do I do. Noone is giving me any answers and no lawyer will take me without my file.
A: Fax a letter to the Court - if need be the administrative judge and and also contact your local county bar association.
Joseph Douglas Barics agrees with this answer
A:
First of all, your case is stayed automatically upon the death of your lawyer. See CPLR 321(c)
Many think the stay is for thirty days, but that is not correct. The other side must first make a demand and that starts the 30 days running.
The 30 days countdown also starts once you have a new lawyer. It can be extended, at the discretion of the court for a sufficient reason, such as the loss of a file due to an attorney dying.
A lawyer should know how to proceed in this situation and how to obtain time to get your file, as well as how to protect you in case that time is not given.
You can check the court calendar online at www.nycourts.gov, go to the e courts and find your case.
Lawrence Allen Weinreich agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
