I feel, I am in need of help with the residing judge that is in the Probate Court 2, Harris County. Can I ask for a meeting and/or file something to be able to call for a hearing on a case that has been carried out in a non-abiding manner?
Can I file paperwork addressed to the judge and/or paperwork from the case with the Probate Court's office that will get the judges attention on the case?
I would really like to speak to him myself and/or have a hearing where he calls in the attorney and is able to intervene in a case that has been dully mismanaged from the start.
Thank you for your help.
Elder Law Attorney
It sounds like you have a lawyer. If you are not happy with your lawyer, you should take that up with the lawyer rather than the judge.
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Family Law Attorney
It would help if we knew what is your relationship to this probate matter and whether this case is assigned to the presiding judge. From the little I have read, I'm inclined to think that you can't.
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You and every other person in the county would love to be able to do this. Judges HATE stuff like this. Laypeople do not know the law and they do not know the proper procedures. Judges have hundreds, if not thousands of case files, every year. They hear dozens of cases, every day. They simply do not have the time to do what you would like to have done.
Is there recourse? Yes. You need to have a frank discussion with the attorney and see if things can be worked out. If they cannot, then you need to terminate the attorney and retain a new one. The new lawyer can review all the facts of your situation and determine whether there is any reason to pursue an action against the attorney. You may also file a bar grievance, if that is warranted. It may be that the attorney is handling things properly and you do not understand the correct procedures. Trying to bypass your attorney and complain to the judge is likely to just get the judge upset with you. I would not recommend it.
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I agree with my colleagues. You don't disclose whether you are the personal representative or connected to the estate as a heir, etc. If you are the PR, you can discuss the situation with the attorney and if you are not satisfied with the services, you can hire another attorney. However, you may find that the case has not been as mismanaged as it may seem. If you are not the PR, bring your concerns to the PR. Bringing a petition with the court should be a last resort.
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