Q: My attorney was diagnosed with cancer, court date postponed. I don’t know how serious it is but she is starting chemo!
This is a family law case where my ex ex started litigation post judgment over a frivolous matter. My attorney just let me know she had been diagnosed with cancer and I don’t know what I need to do next. my ex and his attorney are brutal. They will take advantage of every opportunity, especially something like this. How do I protect myself?
A:
In California, when your attorney is unable to continue due to a serious health issue like cancer and undergoing chemotherapy, it's important to take prompt action to protect your interests in a family law case. First, discuss with your current attorney the possibility of a continuance or postponement of your court date. Courts often grant such requests under these circumstances, providing additional time to find a replacement.
You should immediately start looking for another attorney who can take over your case. It's vital to find someone who is experienced in family law and understands the dynamics of your specific situation. Your current attorney might be able to recommend a colleague or a replacement.
Ensure that you obtain all your case files and documents from your current attorney. This will be crucial for your new attorney to get up to speed quickly.
While the process of changing attorneys can be stressful, especially in the midst of a contentious case, remember that your legal rights and interests remain paramount. A new attorney can bring a fresh perspective and renewed vigor to your case.
In the meantime, maintain any necessary communication with your ex's attorney, but avoid making any agreements or decisions without legal counsel. Be cautious of any tactics they might use during this transition period.
Finally, take care of yourself during this challenging time. Legal battles, especially in family law, can be emotionally taxing, and the added stress of changing attorneys can be overwhelming. Consider seeking support from friends, family, or a counselor.
A: Get a new attorney asap (if your current attorney is not able to continue to represent you).
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