Lawyer turns on me.

[DataCom]

I haven't lost the case and I haven't dropped the suit.

Time to formaly terminate lawyer #2 find lawyer #3 and file a formal complaint with the Bar Association.



addition: Just went through all the papers lawyer #2 sent me which he based his withdraw on which are dated 3 months after the accident and there is information in them stating the injury was already in existence caused by the original accident, the date it happened meaning it was not new that day of which he is using as his basis of withdraw which is 3 months after the original accident. The 2nd incident was a by product of the first accident. Looks like he only read the first page. My impression of what's happening including what he said that day is he thinks I am lying about the origin of accident and there is written evidence that supports the date of the original accident. I am not sure as to why he appears to be ignoring it.
Since his position changed that day and the defendant and defendant's Council were there before me, I can only wonder what took place. I haven't formally terminated him nor informed him he is incorrect. I did tell him he was not correct on the origin/date of the injury as his date was 3 months later. It felt like I was being confronted by the defendant's Council. I was going to present this evidence at the motion but now it has been moved to 1 month later and have no idea as to what might be going on. It does appear he has become buddy buddy with the defendant's Council.

 

[DataCom]

any ideas or impressions on my last post?

 

[DataCom]

What are the options when a lawyer that is representing you has made an error and is 100% wrong and ignoring the evidence that proves that?

 

[You Are Guilty]

What are the options when a lawyer that is representing you has made an error and is 100% wrong and ignoring the evidence that proves that?

It sounds like your interpretation of what transpired makes sense, however, the lawyer is not required to represent you, even if he's mistaken. Indentured servitiude has been abolished for some time now. If he doesn't want to remain your lawyer, he doesn't have to. And in his defense, if he believes (even incorrectly) that you were lying, then he is obligated by the ethical rules to withdraw.

As far as the motion goes, return dates get moved all the time. Usually, it's because the court is too busy on the original date and you got bumped. Others can be as simple as the Judge only hearing motions on, say, Thursdays, and the original date wasn't a Thursday. Don't read conspiracy into everything

 

[DataCom]

the lawyer is not required to represent you, even if he's mistaken. Indentured servitiude has been abolished for some time now. If he doesn't want to remain your lawyer, he doesn't have to. And in his defense, if he believes (even incorrectly) that you were lying, then he is obligated by the ethical rules to withdraw.

I agree with you. I also agree a lawyer with the impression that his client isn't being honest should not contine to represent him/her.

My concern at this point is that he is requesting an order from the court directing the plantiff (being me) to pay all disbursements incurred to date whithin 30 days and for such, futher and different relief as the Court may seem just and proper.

Now if this was a situation where the plantiff was claiming something that was not true, I would say the lawyer would be correct doing this.

However this is not my situation although that is what I feel is happenning.

what would the Submit Date be in relation to these?
Motion To Withdraw As Counsel (I understand this)
Order Precluding Evidence (I don't understand what this means)
Striking Defendant'S Answer (I don't understand what this means)

also not sure what this is:
Grounds for relief Requested CPLR Section 321(b)(2).

Sorry didn't mean to come accross as it was a Conspiracy.

 

[You Are Guilty]

I can understand that and agree that a lawyer with the impression that his client isn't being honest should not contine to represent him/her.

My concern at this point is that he is requesting an order from the court directing the plantiff (being me) to pay all disbursements incurred to date whithin 30 days and for such, futher and different relief as the Court may seem just and proper.

Now if this was a situation where the plantiff was claiming something that was not true, I would say the lawyer would be correct doing this.

However this is not my situation.

Motion To Withdraw As Counsel (I understand this)
Order Precluding Evidence (I don't understand what this means)

It seems like he either previously wrote, (or maybe wrote for this motion?) a request to the judge to preclude some sort of evidence - but you'd have to read the supporting papers to know whose evidence and what the reason(s) to preclude it were. It may be something as simple as the defendant didn't respond to a discovery demand and you would now be entitled to preclude them from introducing their evidence.

Striking Defendant'S Answer (I don't understand what this means)

It means he wants the defendant to lose. Basically, if a D fails to answer your complaint, your complaint is deemed admitted, which means the D automatically loses. Striking an answer is the popular punishment the courts use when someone doesn't follow the procedural rules. I strongly suspect this is related to the preclusion order.

also not sure what this is:
Grounds for relief Requested CPLR Section 321(b)(2).

2. An attorney of record may withdraw or be changed by order of the
court in which the action is pending, upon motion on such notice to the
client of the withdrawing attorney, to the attorneys of all other
parties in the action or, if a party appears without an attorney, to the
party, and to any other person, as the court may direct.

That's just the statute that says to withdraw, he has to serve everybody in the case with notice of his motion.

But in any event, it appears he did do some work on the file if he made discovery demands and an preclusion motion, plus costs of the filing fee, RJI, process server (all proper disbursements), which means it sounds like he can justify (at least some) of his request for payment. You're still entitled to a specific accounting showing just what, and, I'd argue, he's only entitled to a lien on any potential future recovery, not payment out of your own pocket now.

 

[DataCom]

I guess I was typing at the same time you were.

what does the Submit Date have to do with the following? date it will happen?


Order Precluding Evidence shows the Def has done this or is going to as it states open and a future date.

Motion To Withdraw As Counsel shows PLAINT has done this or is going to as it states open and a future date.

Striking Defendant'S Answer shows is has already happened but not by who and the results were MOTION WITHDRAWN.

I remember my Council saying he was going to do something when the defendants Council didn't appear at the first deposition.

In my last conversation to him he said he was going to put a lien on any potential future recovery but that isn't how it appears on the Notice of Motion.

I have considered writing him pointing out the error in his time line, but am not sure if that would be the best thing to do or present it at the motion.

 

[You Are Guilty]

I guess I was typing at the same time you were.

what does the Submit Date have to do with the following? date it will happen?

It usually means the day the papers were submitted to court. Where are you getting this from, elaw? FCAS?

Order Precluding Evidence shows the Def has done this or is going to as it states open and a future date.

Sounds like a motion was filed and not decided yet. There may or may not be oral argument.

Motion To Withdraw As Counsel shows PLAINT has done this or is going to as it states open and a future date.

That's the current motion.

Striking Defendant'S Answer shows is has already happened but not by who and the results were MOTION WITHDRAWN.

Self-explanatory - he filed a motion to strike and presumably, the defendant did what he was supposed to, so the motion was withdrawn.

I remember my Council saying he was going to do something when the defendants Council didn't appear at the first deposition.

Looks like he followed through.

In my last conversation to him he said he was going to put a lien on any potential future recovery but that isn't how it appears on the Notice of Motion.

Then that can be your argument to the judge, although serving an Affidavit in Opposition on lawyer + court (i.e. put it in writing) might not be a bad idea either.

I have considered writing him pointing out the error in his time line, but am not sure if that would be the best thing to do or present it at the motion.

That's a strategy call I can't help with. I will remind you to be careful about anything you put into writing, especially in a motion, which is a public document, as a good defense lawyer will find it and use it against you should you deviate in the future from what you've written.

 

[DataCom]

You are Guilty,
I want to express my thanks for your advice.

to answer your question.

Quote:
Originally Posted by DataCom
I guess I was typing at the same time you were.

what does the Submit Date have to do with the following? date it will happen?

It usually means the day the papers were submitted to court. Where are you getting this from, elaw? FCAS?

I went to the court site to find a phone number to call and verify the motion was actually moved to late Nov. as it was originally set for today. I didn't find the number but saw a link to check case status, so I did. I still need to call and verify it has been changed. It was #2 lawyer's secretary who called and notifyed me the date was changed to late Nov. However I didn't see any dates in the case reflecting the date she gave me. The future dates I mentioned are the first week of Nov. I am not going to make any accusations about the date I was given but it does not match any dates listed on the case.

serving an Affidavit in Opposition on lawyer + court (i.e. put it in writing) might not be a bad idea either.

I have no idea as to how to do this and if there is a time line to file an Affidavit in Opposition I may not have that opportunity as the Motion is dated the 1st week of Oct.

 

[DataCom]

OK, this is very interesting.
I just called the court to validate the Motion dated for today was moved.
The court validated the date was moved and gave me the new date which matches their site.
However the date it has been moved to is not the date given to me by the #2 attorney's office who called with the new date on the 16th. They were specific about date and time yet the court doesn't have that info. It would be the court setting the date and time if I am correct.
The date on the court site is correct and they double checked. I asked about the time line of submitting an Opposition and was told I have to submit the Opposition at least 5 days prior to the new date. That gives me some time but not much.

 

[DataCom]

Are there 2 parts to a Notice of Motion?
such as a Preliminary Conference and a Motion Return/Submit.
What are the differences?
That is what I see on the calander and are about 30 days apart.


DataCom

 

[You Are Guilty]

Are there 2 parts to a Notice of Motion?
such as a Preliminary Conference and a Motion Return/Submit.
What are the differences?
That is what I see on the calander and are about 30 days apart.


DataCom

Depends on your county. Some have only one "return date" which is when all papers are due in court and you have to show up to make your oral arguments. Others use a two-part system. The first date, (often referred to a Motion Support date) is for papers to be filed, or adjournments to be requested. Once all the papers are in, the motion gets sent to a judge who sets the second date, which is for you to appear and make oral arguments.

Sounds like you have the latter, but a quick phone call to the judge's clerk will certainly reemove all doubt.

 

[DataCom]

I went to the court this morning before the time that was on the schedule and the clerk said it was re-scheduled. I guess there is a case there that has caused the court to re-schedule the date. I am not sure if they use the latter. The clerk said the site wasn't updated and the motion was re-scheduled. Return/Submit appears on the site re-scheduled but the Preliminary Conference doesn't show it as re-scheduled.

Now I want to submit a Affidavit in Opposition on lawyer + court.
I also want to terminate him with cause as he has screwed the case up and I do not feel he is entitled to any reimbursements. I have read somewhere in the last few days that a lawyer can be terminated and if done under a certain way(I think it is with cause) he is not entitled to any disbursemnts or fees.

I remember him making some degrading remarks to me in his office after I had stopped the Deposistion and then saying attorney-client privilege. I read one place where attorney-client privilege is used by lawyer's to protect themselves. I am not even sure filing a complaint to the bar association would be of any good.

I have decided to drop the case as proceding with it appears hopless. He has all the documentation and would probably claim it as evidence since he has screwed up the time line in his mind or hold it ransom for reimbursements. I would not have the evidence(case folder) to give to another lawyer.

I also feel I should notify the defendant's Council the case is being dropped.



DataCom

 

[You Are Guilty]

I went to the court this morning before the time that was on the schedule and the clerk said it was re-scheduled. I guess there is a case there that has caused the court to re-schedule the date. I am not sure if they use the latter. The clerk said the site wasn't updated and the motion was re-scheduled. Return/Submit appears on the site re-scheduled but the Preliminary Conference doesn't show it as re-scheduled.

It happens. The court can control its calendar however it likes. Lawyers pay for a service that monitors those changes and tells us about them. The public is left to call the clerk each day and ask - which, as you can imagine, does not endear you to the clerk.

Now I want to submit a Affidavit in Opposition on lawyer + court.

Good. Do so, serve it on the lawyer, file the court copy (with the affidavit of service) at least one day prior to the date you're due back.

I also want to terminate him with cause as he has screwed the case up and I do not feel he is entitled to any reimbursements. I have read somewhere in the last few days that a lawyer can be terminated and if done under a certain way(I think it is with cause) he is not entitled to any disbursemnts or fees.

I've never heard of that, unless you're referring to a suit against the lawyer for malpractice.

I remember him making some degrading remarks to me in his office after I had stopped the Deposistion and then saying attorney-client privilege. I read one place where attorney-client privilege is used by lawyer's to protect themselves. I am not even sure filing a complaint to the bar association would be of any good.

Degrading remarks aren't illegal. Unprofessional? Maybe (often, they are deserved ), but they're certainly a fine reason to fire him. Not sure why he brought it up, but atty-client privilege is something that you can waive - it's not a "defense" for him.

I have decided to drop the case as proceding with it appears hopless. He has all the documentation and would probably claim it as evidence since he has screwed up the time line in his mind or hold it ransom for reimbursements. I would not have the evidence(case folder) to give to another lawyer.

Nonsense. He must turn the file over to your new lawyer (or you) upon proper written notification. He would be entitled to file a lien on any future recovery for disbursements/fees, but that doesn't mean he can keep your paperwork.

I also feel I should notify the defendant's Council the case is being dropped.
DataCom

If you do drop it, probably a good idea.

 

[DataCom]

Where can I find the papers and instructions needed to file an Affidavit in Opposition on lawyer.

Is terminating him relevant now?

what is the best way to have the case withdrawn as I feel the case has been damaged by the events that have taken place.

Thanks