Sacramento, CA asked in Civil Litigation for California

Q: PI PLAINTIFF in Litigation my attorney withdrew fm case, states still my attorney

The attorney that withdrew a month ago sent an email 3 days ago with documents he said he sent previously but I never received. These documents with deadlines to respond have passed. Included was defendants Depo transcript taken 2 months ago that he indicated he wasn’t go do a depo but did it anyway. I wasn’t informed it is Full of denials and lies.Perjury? Which he didn’t address.

He cancelled my witness depo a month ago who is crucial for my case as he, along with defendant and myself were present when my Injury occurred. S&F in 2020.

He sent a cd of my case a week ago that I haven’t been able to review Password protected) didn’t receive password. Can I file an objection to his withdrawing? Please advise.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If your attorney withdrew from your case, they are no longer your attorney and are not authorized to act on your behalf. You may want to contact the attorney and clarify their status and confirm whether they are still representing you. If they are no longer your attorney, they should not be sending you documents or communicating with you about your case.

If the deadline to respond to certain documents has passed, you may have missed an opportunity to respond, which could have consequences for your case. You may want to consult with a new attorney to determine what options you have for addressing the missed deadline.

Regarding the deposition transcript, if you believe that the defendant provided false or misleading testimony, you may want to discuss this with your new attorney and consider filing a motion with the court to address the perjury.

If your witness deposition was canceled without your consent, this could also have consequences for your case. You may want to discuss this with your new attorney and consider filing a motion to compel the deposition or take other actions to ensure that your witness testimony is considered in the case.

Finally, if you have not received the password to access the CD of your case that your former attorney sent you, you may want to contact them and request the password or request that they send you an unencrypted copy of the CD.

If you are experiencing difficulty with your former attorney or need advice on how to proceed with your case, you may want to consult with a new attorney who can advise you on your legal options.

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