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Can you call for a hearing with a Probate Court judge on your own without paying a lawyer to do it?

Galveston, TX |

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.

Attorney Answers 4

  1. Best answer

    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.

    John Zgourides

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  2. 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.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

  3. 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.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  4. 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.

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.

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