What can I do to object to a motion that my attorney has filed for dismissal if I only have a day before the hearing?
3 attorney answers
A day before, your only option is to appear in court and argue the motion orally, in front of the Court. It's unlikely any 11th hour filing will get to the judge and get read before then, although you can file an opposition, sometimes directly in the Courtroom you are appearing in; it depends on the Court and its local and department procedures.
The motion is likely to be granted unless there is some pressing deadline that cannot otherwise be met (like a trial starting in two days). The Courts are not in the game of press-ganging attorneys into service with a client that they are not compatible with, for whatever reason. I agree with my colleague that if the attorney has really done no work, then the fees he is entitled to will be negligible, and shouldn't hamper you too much in finding replacement counsel, if--if--the reason for the attorney-client breakup is understandable.
To be entirely honest with you, if a potential client came to me, after opposing their prior attorney's motion to be relieved, I would almost certainly not take the case. It looks like a difficult client relationship that is not worth taking on, particularly in a malpractice case, where the costs are very high to prosecute, and the odds of winning are lower than in other negligence fields because of both complexity and implicit bias toward the medical professional.
If this response is helpful, please mark it as "best" and/or "helpful." It helps me learn what information is the most helpful for Avvo users. This response is for general informational purposes only, and it is not intended to be specific advice to any individual, nor does it create an attorney-client relationship. It is based on California law only and does not purport to apply to any other jurisdiction. I am licensed only in the State of California. All cases turn on their own unique facts and law, and need to be carefully considered on their own merits.
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Your attorney has right to file motion to be relieved as counsel.
You may file written objections and appear to argue position on motion to court.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have more than 25 years of successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case.
Your attorney is entitled to be relieved. Why do you want him to represent you if he as bad as you write? The good news is that, if you have posted true facts, your attorney is not entitled to fees. Instead of wasting your time opposing the motion, retain substitute counsel. BTW, your "proof" demostrates the break-down in the attonrey-client relationship that justifies withdrawal.
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