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My grandmother died today (overseas) and I need to appear at a hearing in the morning...can I postpone the hearing...

San Diego, CA |

What happened is that postponed a hearing to hire a lawyer for my southern California hearing where I had to travel all the way up from northern California . so i got my lawyer , spent all that money on him and on my travel to southern California , spent the whole day at the hearing just to have the judge transfer the case to my local city for the jurisdiction ! ! ! ! The reason he did that is because I had one T . R . O . against my ex my city tomorrow and he had one on me far away for which I traveled there . So now that we are both having the case finally heard tomorrow , I was wondering if I can request for a continuance for both cases . . . for the first time my T . R . O . against him as a plaintiff and the second continuance for his own hearing where I requested over the phone to arrange my earlier

trip to the court. My grandma died overseas and my dad, as a witness, will not be able to be present at the hearing even though he wrote a declaration as a witness and it's filed already. He will leave tomorrow early morning to fly to Europe and I am so feeling psychologically down that even though I do feel confident in this hearing, my energy is so low and I am feeling so down that I do not know if tomorrow morning I could get myself together as needed for the hearing. Not sure if the judge would care about my situation...i booked the flight for my dad so even though my grandma just died so there are no certificates and it's overseas, i can show the judge the booked flight of my dad from today.....and my dad could bring the death certificate with him in 2 weeks after he gets it there.

Attorney Answers 5

Posted

I think I got the gist of it. Two mirror cases filed by you and your ex against each other are finally scheduled to be heard tomorrow. Your Dad is flying overseas do to the sudden death of your grandmother (his mother I presume) and was supposed to be an important witness for your side of the case(s). If you have counsel make these circumstances known to him/her and they will seek a postponement. If you are not represented you will have to make the request yourself. Don't be late and be humble in your request. It may or may not be granted. If denied the only thing you can do is your best under the circumstances. Good luck.

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15 comments

Asker

Posted

thanks you! you know..I already hired an attorney by spending my last cents on him and travelling far away to be at the hearing and now that everything got switched around, I obviously could not ask for my money back from the attorney since he aid he will represent me for the case but it got moved to my own city, so now I will not be able to afford one as I wasted my last $1,000 for no reason it turned out! I wish my dad could be at the hearing as he also had important info and he even took a day off to travel with me to the other city so I am also psychologically feeling down :( I will ask if I can get a continuance from the judge.

William A. Jones Jr.

William A. Jones Jr.

Posted

The attorney you hired was only hired to represent you if it stayed in the distant location and not its current location? What did he actually do then for his fee I wonder. Again good luck.

Asker

Posted

Thanks..he did not do anything. Just stayed in court with me for 3 hours. I did not like that fact too because he said that it's an easy case, and it was me who brought up all the facts to him in terms of presenting him with all the evidence. I am stuck I guess because I was hoping to sue that money on getting a specific outcome in this case, but what a waste of $1,300 (travel included) and the time of my parents who drove along with me. I was hoping the attorney would himself, at least pay me back $500, but he did not bother to offer back that money knowing that previously I told him that I am paying him my last dollars. Thanks for your comment though...appreciate it.

Asker

Posted

sorry not SUE but "USE the that money"

William A. Jones Jr.

William A. Jones Jr.

Posted

You say the attorney did not "offer" a partial refund. Did you ask him to refund any portion? What kind of written fee agreement or engagement letter did you have with him? Sorry for my interest in this aspect which you haven't even questioned, but I have an interest as a lawyer about the behavior of my fellow attorneys because what they do affects the reputation of MY profession.

Asker

Posted

P.S. I looked at the agreement he sent me and it states the following "Client retains and employs Attorney to represent Client in "Defense of R.O. in San Diego Count." Also there is a section which says "This is a flat fee case. The attorney agrees to appear and argue the client's case at a hearing on an appeal that is already filed by client in the case. R.O. defense. The client has provided a retainer in the amount of $1,000. This is a flat fee for all proceedings including trial." Just to quickly ask if you think there is a chance for me to at least ask for half of it back or the wording is such that I can not. Thanks and sorry for the questions it's just I can't hire a new lawyer just to go over these wording if you understand...otherwise I would have hired one again :)

Asker

Posted

Oh, you wrote me while I was answering your question without even seeing your question pertaining to the fee :) Glad you asked and thanks so much...I really appreciate it. I am in school and I spent my last money on this situation. If possible...it's a 2 page agreement, can I e-mail you the agreement to quickly glance through and I will gladly pay the small fee for you to read my brief agreement to tell me if I can or I can not get my money back. What he did was to request the other party to pay, but in the other county where I traveled, the judge waived the fees on the other party, so now it leaves me to request the fee transfer to the other party through my local judge. My attorney told me to do this and he wrote a letter to the judge which I need to hand it to him where the attorney requests the new local judge of mine to transfer the attorney fees to my ex. It's not guaranteed obviously.or I should say unfortunately in my case. Please do let e know if you could just spend 5 minutes looking into that 2 page agreement and like I mentioned above, I can pay you for those 5 minutes if it is not going to be a huge amount as I know that lawyers charge a lot for everything.

William A. Jones Jr.

William A. Jones Jr.

Posted

You can email me at wajonesjresq@gmail.com include your phone number so I can all and we can talk privately, my typing fingers are getting tired.

William A. Jones Jr.

William A. Jones Jr.

Posted

That of course should have come out "call" not "all"

Asker

Posted

seems like we have the same problem today with the typos...mine is out of frustration with the death, tomorrow's hearing and the money. I will send the attachment to you now and will leave my house as I need to go to Kinkos, so will wait for your call. You have no idea how much I appreciate this as opposed to getting an attitude about asking a question from the lawyer above you in here when I thought this website is exactly for that reason, besides finding an attorney.

Asker

Posted

done :)

William Peter Daley

William Peter Daley

Posted

great job helping this person mr. jones. you are someone our profession can be proud of.

William A. Jones Jr.

William A. Jones Jr.

Posted

Thank you very much for the high compliment; it is very much appreciated, especially from an attorney who has won my respect during my forays into distant lands. I had a great conversation with the questioner and that was likewise rewarding. Thank you again.

Asker

Posted

Thanks to both of you, especially to Mr. Jones in this matter. Will keep you posted tomorrow as I said earlier. :)

William A. Jones Jr.

William A. Jones Jr.

Posted

As I said to you it was my pleasure; you'll be just great tomorrow!!!

Posted

I have no idea what you just said.

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Asker

Posted

that's because I was adding more info :) please do look at it now..thank you

Posted

Hopefully you have a criminal defense attorney who can help you here.My advice, go to the hearing.

Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

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Posted

You are asking too many questions and your sentence is a run on sentence. Next time please ask one question at a time, so we know what you are talking about. Also, it appears that you are not happy with theater that you have and you talk to. Now you want other lawyers whom you have never met guide you.

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2 comments

William A. Jones Jr.

William A. Jones Jr.

Posted

The way I read it there was one question about the feasibility of getting it continued. If it was unduly burdensome I wonder why you bothered at all.

Asker

Posted

Thanks :)

Posted

If you hired a lawyer, have them deal with this so you can deal with the funeral arrangements.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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