I am in litigation as plaintiff pro se in a car accident . I am disable becuase of accident but judge granted attorney fees for defense. Motion hearing was dated and defense attorney never appeared to court. Judge ask to wait 10 min or the case was mine. He gave them additional 10 min. Then sent me home. Now defense attorney rescheduled another hearing date.
2007-09-07 12:59:11 · 6 answers · asked by suzette 1 in Politics & Government ➔ Law & Ethics
You missed a good opportunity to move for a default judgment that a lawyer would not have missed. You cannot undo that now, and so you waived your right to complain about the no-show. The rules of procedure can be tricky, but a pro se is required to follow them just as an attorney is.
2007-09-07 16:17:43 · answer #1 · answered by Ronin 2 · 0⤊ 0⤋
You did not say if the defendant was present.
If both the defense lawyer and the defendant were not present, your lawyer should have made a motion immediately for a summary judgment. If he did not do it, your lawyer is an idiot. If you do not have a lawyer and are representing yourself, then you are a double idiot.
If the defendant was there then rescheduling can be done as you do not penalize a person because his lawyer did not show. The defense lawyer can be fined by the court for his failure to show.
2007-09-07 21:03:20 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
Either the hearing is on another matter,
or you're a victim of your own malpractice.
Sounds to me like the judge was giving you an
opportunity to move for a ruling when the
attorney didn't show up and you failed to do so.
2007-09-07 13:25:38 · answer #3 · answered by Irv S 7 · 0⤊ 0⤋
No and yes. but U need to follow ( read the rules on civil procedure)the rules,, that is the key to defense some things u will find there check record for appearance, record for answer ( No answer and your right to defend denied), u got bind sidedddd, etc. , motion for sanctions against attorney and tax to U, ? why are u pro se and not defended by insurance co., etc etc .......
bill g...
2007-09-07 13:18:43 · answer #4 · answered by transplantedman 2 · 0⤊ 1⤋
The lawyer acts on what the 'shopper' says so if a murderer says it replaced into an twist of destiny than the lawyer tries to coach that, a lawyer isn't allowed to lie in courtroom (i'm not announcing they not at all do yet they don't seem to be meant to) yet they don't seem to be considered liable for the lie if their shopper has been mendacity to them.
2016-10-18 06:44:24 · answer #5 · answered by balsamo 4 · 0⤊ 0⤋
Well, then at that hearing, that's when you can argue your case that the defense lawyer doesn't deserve the money or that the defendant doesn't deserve to have his legal bills paid by you.
2007-09-07 13:05:19 · answer #6 · answered by Hillary 6 · 0⤊ 0⤋