What is the name of your state?What is the name of your state? CA
My attorney who has won all valor's in malpractice has filed a Motion to Withdraw (on calendar next wk). The case went to Default Prove Up where inadequate damages were awarded for due to insufficient evidence. The attorney also failed to Prove Up at the 1008 Motion which was denied.
He has not and will not file any further, as the inadequate damages are based on his negligence. He neither will file the Proposed Judgment which the 30-days have lapsed.
I need to still hold him accountable until the duties he was hired to perform are fulfilled so I need to oppose this motion. I need to ensure he does not allow this case to be dismissed. Also, I would like the opportunity to make known to the court where he has been in contemcontempthould be additionally sanctioned.
Because he has made such a mess out of this case and he is also attorney of record on another case that he destroyed too, I haven't been able to retain new counsel yet and or for a legal mal action (he refuses to divulge if he has insurance) so I have to do this as a layperson.
What's the best way to write this motion? Any advice anyone can lend... I have no time left to research this at a law library so I'm limited to the internet. I need a format for the motion, possibly some examples and where I need the most help is with the content and layout. My weakness is being too long winded. There's also a lot of facts.
Also, any advice is appreciated on help to retain an attorney for the legal mal. The statute is running soon on the earlier case.
Thanks everyone for your help!
My attorney who has won all valor's in malpractice has filed a Motion to Withdraw (on calendar next wk). The case went to Default Prove Up where inadequate damages were awarded for due to insufficient evidence. The attorney also failed to Prove Up at the 1008 Motion which was denied.He has not and will not file any further, as the inadequate damages are based on his negligence. He neither will file the Proposed Judgment which the 30-days have lapsed.
I need to still hold him accountable until the duties he was hired to perform are fulfilled so I need to oppose this motion. I need to ensure he does not allow this case to be dismissed. Also, I would like the opportunity to make known to the court where he has been in contemcontempthould be additionally sanctioned.
Because he has made such a mess out of this case and he is also attorney of record on another case that he destroyed too, I haven't been able to retain new counsel yet and or for a legal mal action (he refuses to divulge if he has insurance) so I have to do this as a layperson.
What's the best way to write this motion? Any advice anyone can lend... I have no time left to research this at a law library so I'm limited to the internet. I need a format for the motion, possibly some examples and where I need the most help is with the content and layout. My weakness is being too long winded. There's also a lot of facts.
Also, any advice is appreciated on help to retain an attorney for the legal mal. The statute is running soon on the earlier case.
Thanks everyone for your help!