My lawyer goes absent without telling me

Asked almost 2 years ago - Salinas, CA

My lawyer went on vacation and based on that I was deposed before the plaintiff.

This has given the plaintiff some advantages.

I can't prove that I am damaged by this type of incident but this has happened again. It is driving me crazy. He just does not get it.

What options do I have?
I don't feel I am getting the best representation I could based on what I am paying.

Attorney answers (4)

  1. Sean Michael Patrick

    Contributor Level 17


    Lawyers agree

    Answered . Its not really clear what happened here. If your attorney was unavailable you should not have shown up at a deposition without representation. If you are unhappy with your representation, you have the right to fire your attorney and find a different one.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  2. Scott Douglas Camassar

    Contributor Level 16


    Lawyers agree

    Answered . You're always free to get a new lawyer, but first you should have a sit-down with your lawyer to discuss your concerns. Good luck

  3. Joseph Leonard Ciaccio

    Contributor Level 12


    Lawyers agree

    Answered . I agree - you need to express these concerns to your lawyer and tell him or her that you are unhappy with the way things are going. You do always have the right to speak to other attorneys and retain a different attorney to handle your case if you are still unsatisfied with your representation.

    Best of luck.

    Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.... more
  4. Matthew Edward Williamson

    Contributor Level 15

    Answered . Hello,

    I'm slightly confused - was your lawyer present for your actual deposition and the real complaint is that you were deposed before the plaintiff (with lawyer present)?

    If it's just that you were deposed first, it may be a tactic that your attorney is planning on using to your advantage - I've used it myself in the past to great advantage. Talk to your attorney about it - if someone else is paying your bill (i.e. an insurance company), then you may want to talk with them about switching attorneys if you are not satisfied.

    Good luck with your situation.

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