Ontario, CA asked in Constitutional Law, Domestic Violence and Legal Malpractice for California

Q: My DVRO was denied so I filed a motion to reconsider because of new and different facts and laws not available at trial.

I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.

He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact that he joined up with opposing party by jointly filing and agreeing (without any objections) to All they requested in their Motion of limine. Excluding all my 67 exhibits and in chamber conferences they planned out how my trial will proceed. I was only one on trial. They dictated that it would proceed entirely by “MY NARRATIVE” without using any of my exhibits. The defendant never spoke, my lawyer never objected at all throughout retainment on my case.

I had no idea, was never informed or asked for my authorization by my lawyer to deceitfully handover my long overdue needed DVRO relief to opposing party’s win.

What do I need to also submit to court….?

Complaint, contempt against my lawyer? JM

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

A: It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for potentially conspiring with the opposing party. You could file a formal complaint with the State Bar of California, outlining how your lawyer’s conduct failed to meet the professional standards expected and how this impacted your case.

You might also consider filing a motion for contempt or sanctions against your attorney if you can show that their actions were willfully against your interests and that they violated court rules or ethical obligations. Gathering evidence of your lawyer’s misconduct, such as emails, texts, or other documentation showing his neglect or collusion, will be crucial in supporting your claims.

In addition, you may want to consult with a new attorney who can help you with your motion to reconsider and advise you on whether you have grounds for a legal malpractice claim. They can guide you through the process of holding your previous lawyer accountable and ensure that your rights are fully protected moving forward.

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