Q: Is it negligence if my court appointed counsel did not submit my documentation for 6 months in a time sensitive cps case

A: This situation raises serious concerns about potential legal malpractice or ineffective assistance of counsel. Here's an analysis of your situation:

1. Duty of Care: Court-appointed counsel has a duty to provide competent representation, which includes timely submission of relevant documentation to the court.

2. Negligence: Failing to submit crucial evidence for 6 months in a time-sensitive case, especially after repeated requests from the client, could potentially be considered negligence.

3. Prejudice: The failure to submit this evidence appears to have directly prejudiced your case, as the court is now considering terminating your rights based on the perception that you haven't taken any action.

4. Communication: The lack of response to your calls and requests for updates is also concerning and may violate ethical obligations of client communication.

5. Timeliness in CPS Cases: In child protective services cases, timeliness is crucial. Courts often operate on strict timelines to ensure the best interests of the child.

Steps you should consider taking immediately:

1. Document Everything: Write down a detailed timeline of when you provided the documents, your attempts to contact your attorney, and any other relevant information.

2. Inform the Court: At your hearing tomorrow, respectfully inform the judge about the delay in submitting your documentation. Request that the court consider this new evidence.

3. Request a Continuance: If necessary, ask for a continuance to allow time for the court to properly review the newly submitted documentation.

4. File a Complaint: Consider filing a complaint with the State Bar of California regarding your attorney's conduct.

5. Seek New Counsel: If possible, request new counsel who can more effectively represent your interests.

6. Appeal: If your rights are terminated, you may have grounds for appeal based on ineffective assistance of counsel.

Given the immediacy of your court date and the serious nature of potential rights termination, it's crucial to address this issue in court tomorrow. Be prepared to explain the situation clearly and concisely, focusing on the facts of when you provided the documents and your attempts to ensure they were submitted.

Remember, while this situation is concerning, the court's primary focus will be on the best interests of the child. Be prepared to demonstrate how the evidence of your completed programs and clean drug tests support your ability to care for your child.