Boardman, OR asked in Employment Law and Legal Malpractice for California

Q: Can my attorney allow a defandent's attorney delay my case with a document a judge did allow as evidence?

My attorney disclosed an internal email I wrote the judge did not allow as evidence . However, she made me aware the defandent's attorney has been using it to delay the case. My own attorney has been remarking in unprofessional tone to instigate arguments, "Oh well you wrote this email." Basically throwing at my face. I believe both sides are using for their benefit. The last time my attorney mentioned the email. I became extremely upset with her and expressed how distressing it is this email is being used against me. Now she wants me to agree to statements that are not true in order to receieve an enchancement settlement. I asked my attorney for the amount of the settlement from the class action lawsuit. She refused to provide that information. I wrote a ltr to the judge. She recommend I file out some forms. I am filing with the BAR

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Frankly, you are lucky you still have an attorney. If you were my client and you tried to contact the judge directly, I would have immediately withdrawn from your representation. It is a highly inappropriate thing to do and it demonstrates the the judge, opposing counsel and anyone else who knows about it that your are a wild card, and the attorney has no appropriate control over you or the situation.

Your attorney is right. If the delay is being caused by your highly inappropriate conduct, then the delay is your fault.

Go ahead and file a complaint with the State Bar. It is highly unlikely it will find a problem in what you have described.

Good luck to you.

1 user found this answer helpful

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