Bishop, CA asked in Family Law for California

Q: My court appointed lawyer told me there was no court.There was court. Is this misrepresentation?

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2 Lawyer Answers

A: If your court appointed lawyer told you there was no court, but there was, the lawyer made a mistake. You don't provide enough information to determine if there is anything you can or even should do.

James L. Arrasmith
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Answered

A: This situation raises serious concerns about your legal representation. If your court-appointed attorney told you there was no court date when one actually existed, this could constitute misrepresentation and potentially amount to legal malpractice.

You should document everything related to this incident, including the date and time your lawyer told you there was no court, any written communications, and what actually happened at the court date you missed. This documentation will be crucial if you need to file complaints or seek remedies.

You have several options to address this issue. First, you can file a complaint with the California State Bar about your attorney's conduct. Second, you should contact the court to explain what happened and potentially request relief from any orders made in your absence. Third, you may want to request a new court-appointed attorney, given this breach of trust. Consider scheduling a meeting with your local legal aid organization to discuss these options in detail.

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