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lawyer is late for your court date.
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Posted 7 months ago in Ethics / Professional Responsibility.
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what happens if your lawyer is late for your court date or dose not show up for your court date.
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Answers (4)Anthony John Colleluori
Posted 7 months ago.
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A lawyer's tardiness is never held against a client. If a court should lose patience with a lawyer and try to take that out on the client, then that Judge will receive harsh rebuke.
Clients rarely understand but busy lawyers in consumer legal catagories such as criminal law, family law and matrimonial and even Personal injury law, often group their court appearances so that they do not have to go to court as often for any one case. It helps keep costs to the consumer down. At the same time, these cases may co-exsist in the same courthouse, but be in different Parts, so the lawyer may have to go many courtrooms during the same morning. Courts have developed rules for these type of things. In NY we call them the rules of engagement. They help us to decide where to answser and who to anwser to first. Judges are aware that busy lawyers are often the best ones in the courthouse and tend not to hold attorney tardiness against anyone as long as the lawyer didn't overly inconvienence another party or witness and so long as he makes an attempt to notify the court about when he has a conflict and how he intends to handle it. Dave Hawkins
Posted 7 months ago.
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Being late and not showing up are two different scenarios. If I am going to be late, I always call my client on the cell and advise the court of the same. I have never not shown up for a hearing -- it's difficult for me to imagine that. If I had an attorney who did not show up, I would fire him/her and hire another attorney immediately. As to what a court might do, all courts are different and all states have different rules. Not knowing where you are located makes it difficult to answer that question.
Gerald Gould Knapton
Posted 6 months ago.
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Did something bad happen as a result of the lateness or "no show?" If you are just miffed, then a good chat with your lawyer can usually help and may solve the problem. Sometime a lawyer will call the court or agree with co-counsel to cover or stipulate to what neds to be done so that no harm is done. However if a client was expecting to see the lawyer in court and that lawyer did not show up then the client has every right to a full explanation. There is an ethical duty for a lawyer to communicate the important developments of a case to a client. Your local or state bar association can help you investigate IF you wish, but try asking the lawyer for an explanatiion first. It probalby helps to put the reuest in writing and send it by fax so you have a record of it being sent. Don't be too nasty in you letter. Just set out the facts and ask for an explanation. If something really bad resulted form the no show, then you may have a claim--but ask the lawyer to fix the problem at no charge to you. Do this NOW, please.
Alec Scott Rose
Posted 6 months ago.
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I do not know what state you are posting from. My answer is intended to apply general principles applicable everywhere. For more specific advice, consult an experienced lawyer in your area.
If your lawyer is running late to court, she should have notified you, the court clerk, and the opposing attorney as soon as it became apparent she was running late. That's what cell phones are for! I make it a practice to get the direct phone number for all courts I appear in, and the cell phone of all opposing lawyers, just in case this happens. We're all human, and none of us control the traffic. If your lawyer misses your court date, he is usually going to be in trouble with the court, unless he had a good excuse, sent another qualified lawyer in his place, and notified the court and opposing counsel in advice. If an evidentiary hearing was set for that date, the attorney should have also filed a written motion setting for the good cause for continuance, and sought the court's approval in advance. If your lawyer is constantly tardy or absent, consider hiring a different lawyer. You need to have confidence that your attorney is giving your matter the attention and time it deserves. |