She said she cld try to get me more but the council had left n told she will give me a call back. then two weeks later i receive a letter saying it appearing that defendant has filed an order compelling attendance at deposition and there having been no petition to compel filed with the court good cause not appearing it is ordered that the proposed order compelling attendance at depositiin should be and hereby is denied.. what does that mean help
Personal Injury Lawyer
I could see how all of this legal jargon could be difficult to understand. However, have you asked your lawyer to explain it to you? I ask this because he/she is in the best position to discuss such matters with you, given that he/she is more familiar with your case than any attorney on this website.
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Personal Injury Lawyer
Your question is confusing. Since you have had a MSC it means you must be close to a trial date? It sounds like the other party may not have taken your deposition and so filed a proposed order compelling your attendance at the deposition without first filing a petition (or motion) for same? So the court denied the petition/motion? I agree with Ms. Berjis, that you REALLY need to talk to your attorney since it may be close to trial. You should call for a fac to face appointment asap.
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You are represented you should talk to your lawyer about this issue and your case. If there was a motion your lawyer filed to prevent your deposition for some reason and it was granted, it means you don't have to attend the deposition.
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It sounds like you are in a legal process where there was a hearing at which you learned there had been a settlement offer and your attorney asked for two weeks to get you a better offer.
Legally, attorneys are required to confer with you, the client, if a settlement offer is made. They cannot make the decision for you. If you attorney advised you to wait for a better offer, then they should have followed up on that, presuming you gave them permission, which requires you fully understanding what is being explained to you and what your options are.
That your attorney did not get back to before further court procedure occurred is troubling. I would hope that the attorney is not "covering their tracks" for trying to get a bigger offer, but provoking the other side to withdraw their entire offer.
Your attorney might be liable for malpractice in this situation. BUT, rather than confront them with that fact, first write them a letter asking them to:
1) confirm that he/she received an offer from opposing counsel;
2) confirm that he/she communicated that offer to you, which you understood;
3) confirm that he/she asked you for your input about different settlement options;
4) confirm that he/she proceeded with your permission to make a count-offer;
5) alert your attorney that have waited two weeks to learn of the results of this settlement process.
If you hand them a written letter, requesting a written reply as soon as possible, then at the very least, your attorney understands, implicitly, that you are participating in your own case and are ensuring that things proceed in a documented fashion, which is your right to request, to your satisfaction.
And if your attorney gives you a difficult time, or is non-responsive, you may consider asking the judge for a continuance on your upcoming hearing until such time as you have had time to find a new attorney.
This answer is provided as per the terms and conditions of Avvo.com, and it in no way establishes any attorney-client relationship between any parties reading or relying upon this answer. Members of the public are always advised to seek their own independent legal counsel before making any decision or initiating any action.
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