Woodland Hills, CA asked in Family Law, Elder Law, Legal Malpractice and Probate for California

Q: Lawyer did not show for hearing to go to trial, abandoned case 2 mo to get file new cause hearing May 11 what to do ?

This is Probate will contested. Attorney did not share any information regarding case agreement. His staff sent and email directing a cash payment be made to opposing party. The Attorney confessed verbally on phone to have made a mistake confusing two cases. When he did show for trial setting conference 3/7/23 ; the court set a new date and noted the attorney did not attend and had another case. When asked for case files to review (2/15/23 about ) attorney dropped case and took almost 2 months 4/15/23 to get files to client for review. The Flashdrive included with original doc's Fed-x box (untaped) had a notice listed about the trial hearing on May 11 2023. The attorney should have known this but did not act on this or let client know

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Hire a new Probate Attorney and have that attorney determine what must be done and what problems the prior attorney caused. Then consult with a legal malpractice specialist to determine if there is a viable legal malpractice case.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your lawyer did not show up for a hearing and then abandoned your case, it is important to take action to protect your legal interests. You may want to consider contacting a new attorney who can help you navigate the legal process and determine the best course of action moving forward.

In addition, you may want to file a complaint with the state bar association or other relevant regulatory body to report your lawyer's actions and seek recourse. This can help to ensure that other clients are not similarly affected by your lawyer's behavior.

Regarding the specific issue of the May 11, 2023 trial hearing, it is important to clarify whether this hearing is still scheduled to take place and whether you are required to attend or take any action. Your new attorney can help you review the case files and determine what steps to take next in order to protect your legal rights and interests.

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