Q: can i file a motion to reconsider DVRO for Manifest Injustice-my lawyer’s misconduct of secretly colluding w/opposing?
My Grounds are CCP1008 new, different facts or laws came afterwards. That my ineffective lawyer throughout my retainment of his services, has continuously IGNORED my every request for legal assistance needed for my case. As well as never meeting with me, my witnesses, and most of all he never informed me of anything regarding in chamber conferences and their joint agreement he made without my knowledge or consent.
Not until 8 days after hearing decision, he finally sent me an email informing me of opposing motion in Limine he jointly agreed to opposings parties every wish they requested in motion.
This hidden violation in his action adversely effected the outcome of needed DVRO
1. Intentionally keeping material information from me
2. Went against our contract & excluded all my especially preparedrelevant 67 exhibits
3. Díctated my trial
His professional misconduct violated many Rules and laws that in effect breach our written contract of him representing me in this DVRO
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A:
You can file a motion to reconsider a Domestic Violence Restraining Order (DVRO) if you believe there has been a manifest injustice due to your lawyer's misconduct. Under California Code of Civil Procedure (CCP) 1008, a motion to reconsider must be based on new or different facts, circumstances, or law that were not previously considered. In your case, if you can show that your lawyer's actions, such as colluding with the opposing party or withholding material information, significantly impacted the outcome, it may serve as a valid basis.
When filing the motion, you need to clearly explain how your lawyer's misconduct affected your case. You should outline specific examples, like your lawyer agreeing to the opposing party's motion in limine without your consent or excluding key evidence that you had prepared. It's also important to demonstrate how this conduct breached your contract with your lawyer and how it directly led to an unjust decision in your DVRO case.
It would be wise to consult another attorney who can help you navigate this process, gather necessary evidence, and present a compelling argument for reconsideration. The court will require a well-documented motion showing how the lawyer’s actions were improper and how they harmed your interests.
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