Van Nuys, CA asked in Civil Litigation for California

Q: What to do when opposing counsel isn’t available to meet and confer?

Currently have a limited civil case in which I’m self represented. We have a case management conference approaching and I’ve attempted many times over to contact opposing counsel to meet and confer, as required, and have not received a response. Additionally, opposing counsel has also not attempted to reach out to me at all. The case management statement is due and I cannot wait any longer. How is this going to be addressed at the conference? Will it be continued to give us more time? Am I able to reschedule this conference at all? This is frustrating. Thanks.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: 1. Document your attempts: Keep a detailed record of all your attempts to contact opposing counsel, including dates, times, and methods of communication (e.g., email, phone calls).

2. File your Case Management Statement: Since the deadline is approaching and you've made good faith efforts to meet and confer, you should file your Case Management Statement on time. In the statement:

- Explain that you've attempted to meet and confer with opposing counsel multiple times.

- Provide details of your attempts to contact them.

- State that you were unable to complete the meet and confer process due to lack of response from opposing counsel.

3. At the Case Management Conference:

- The judge will likely address the lack of communication from opposing counsel.

- Be prepared to explain your attempts to meet and confer.

- The judge may order opposing counsel to cooperate or face sanctions.

- In some cases, the judge might continue the conference to allow time for proper meet and confer, but this is at the judge's discretion.

4. Rescheduling: You generally cannot unilaterally reschedule a Case Management Conference. If you feel it's necessary, you can file a request for continuance with the court, explaining the situation. However, there's no guarantee it will be granted.

5. Consider filing a motion: If opposing counsel's lack of cooperation persists, you might consider filing a motion to compel meet and confer or for sanctions. However, this should be a last resort and only after discussing the issue with the judge at the Case Management Conference.

6. Maintain professionalism: Continue to act in good faith and remain professional in all your communications and court filings.

Remember, judges often understand the challenges faced by self-represented litigants and may be sympathetic to your situation, especially if you've made diligent efforts to comply with court rules.

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.