What happens if I do not appear in court for the hearing that my attorney filed a motion for dismissal?Will judge look for me?
5 attorney answers
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Your question is not clear to me. Is your attorney seeking a court order to be relieved as your attorney in the case, or asking the court to dismiss your action? If the attorney is seeking to be relieved, and has presented proper motion to the court, the court will likely grant that motion. Then you will be in a position to litigate your case in pro per (that is, you can act as your own attorney), or you can try to retain a different attorney to represent you. (I doubt your attorney has brought a motion for dismissal). Be sure to consult your own attorney to protect your legal rights.
Your post is confusing because you are using terms you do not understand and because you have failed to include important facts.
If the hearing is on a Motion to Withdraw by your attorney, but not a motion to dismiss the case, it most likely will be granted whether or not you appear. You will then be representing yourself.
If, on the other hand, your attorney has filed a motion to dismiss the case (unlikely because a motion is not required) then you should attend the hearing and request additional time to obtain counsel.
BTW, unless you also work for free and pay your employer's costs to employ you, it's unfair to characterize your attorney's motivations as "greedy with a heart of stone."
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I'm not sure if your attorney has withdrawn or substituted out. If she is still counsel of record, then she really should show up. If you are pro per, you should. If no one shows up for the motion hearing, then it will most likely be decided against your case. Be aware that malpractice cases are difficult and technical, and there are many ways the Defense can get a case thrown out early if the Plaintiff and/or her counsel do not know what they are doing.
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I can tell you are upset. The reality is an attorney has the right to evaluate your case and determine its strength. If the attorney no longer feels your case is strong why should he or she be obligated to continue to fight it for free? Speak with your attorney calmly and honestly and see if a settlement for the benefit of everyone might be an option. If not look for another attorney while taking an honest look at your case.