I paid this lawyer to represent me in a case that he sent his secretary or who ever she said she was. She said he was at another trial, when he could have told me this when I paid him money for him to be there. Should I ask for a refund or see if he showed up on my next court date or what?
2007-11-08 07:14:35 · 11 answers · asked by bert bert 3 in Politics & Government ➔ Law & Ethics
bert bert, be aware that this question has gathered a lot of answers from people who have no idea what they're talking about. Let's assume they mean well and simply have no experience.
A lawyer who's any good has such conflicts pop up many times. There's no way to tell how long a trial will last; the one he expected to end Monday could still be in progress on Thursday. Or the one that should have been a slam-dunk over before noon could have become more complicated.
It's perfectly valid to send a staff member to court to tell the judge why the attorney is not there and seek a continuance. (And to tell the client to shut up, as someone already said.) It does not mean your lawyer doesn't care about your case or isn't earning his money.
2007-11-08 07:36:24 · answer #1 · answered by Anonymous · 1⤊ 1⤋
If you had a contract with him, stating all this and if you kept the receipe you paid him with, it was his business to come and show up in court to represent you. A secretary is not a lawyer that can define the law like a lawyer can.
Take him to small claims business court. They will get you your money back. Also file a claim with the Department of Liscencing it will put a negative mark on his record. Hire another lawyer but check em out first.
2007-11-08 09:44:19 · answer #2 · answered by angelikabertrand64 5 · 0⤊ 0⤋
Every lawyer has multiple cases going on at the same time. (Unless they are SO bad that they only have one client......)
Sometimes a judge in one case will schedule something at the same time that a judge in another case has also scheduled something. Sometimes you might have a hearing in front of Judge Smith in the morning and Judge Jones in the afternoon, but Judge Smith calls in and says he's going to hear his morning calendar after lunch.
Sending a legal secretary or Paralegal to court to advise the Judge of a scheduling conflict rather than letting the client do it himself is a VERY good idea. Unaccompanied clients have a horrible habit of opening their mouths and saying stuff in court that is beneficial to the other side. A paralegal can't represent the client, or practice law, but she can say "Shut up!" when the client starts talking :-)
Richard
2007-11-08 07:29:35 · answer #3 · answered by rickinnocal 7 · 3⤊ 0⤋
If his "secretary" rescheduled the trial why do you have a problem with that? He is not only your lawyer and can't be in two places at once.
By the way secretaries do not make appearances in court.
2007-11-08 07:24:13 · answer #4 · answered by davidmi711 7 · 3⤊ 0⤋
If the "secretary" showed up to postpone the date because the attorney had another obligation then sit tight until your next court date. The judge will make sure you are represented.
2007-11-08 07:29:19 · answer #5 · answered by mrsdeli 6 · 2⤊ 0⤋
Demand a refund.
Complain to the bar.
His only excuse should be if he was not allowed to leave court, or was in a traffic accident, or under arrest! Well...if he was sick and hospitalised of unable to get out of bed due to a legitimate medical condition.
If the woman who was there had passed the bar and was a member of the firm, then he would be covered on the basis of ethics, since once you are a client of the firm, confidentiality covers you with ALL the lawyers in the firm.
If she is a Para-Legal...that's in a grey area. If she is actually not even a law student...he's in serious ethical hot water.
2007-11-08 07:28:46 · answer #6 · answered by jcurrieii 7 · 0⤊ 2⤋
Well... I'm still a minor but I can say this... The bastard could have told you up front that there was another trial. He doesn't seem like a good lawyer if he can't be direct with you. I say screw him and drop him. Ask for a refund. If you pay him and expect him to be there, yes, he should be there.
More peaceful way: Talk to him about it, first and tell him the consern about it. Make him aware of his faults so he's aware of it in the future. If he continues this immature behavior, fire him.
That's my opinion and I'm stickin to it.
2007-11-08 07:27:51 · answer #7 · answered by Anonymous · 0⤊ 2⤋
all depends you must be going to trial sometimes my lawyers will not appear for the little dates
2007-11-08 07:26:01 · answer #8 · answered by tim n 3 · 1⤊ 0⤋
demand a refund immediatly, because apparently he's to busy for you. In other words get a new lawyer
2007-11-08 07:23:58 · answer #9 · answered by Conor 4 · 0⤊ 1⤋
If your lawyer does not show up for a prescheduled appointment then i would demand a refund and fire him.
2007-11-08 07:18:32 · answer #10 · answered by MY NAME MICHELLE I HATE AMERICA 5 · 1⤊ 1⤋