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Mon, 29 Jan 2024 09:58:59 -0800
Andy from
private IP
/all
My opposing counsel in a case is incapacitated, and today's trial was moved
Other than that time in 2015 when the defense lawyer ran out of the courtroom
during my trial cross examination of his client in a fraud case, today is the
most shocking lack of professional responsibility in court that I've ever seen.
My opposing counsel in a case set for trial today filed a declaration last week
stating that she is in a health crisis from a redacted health condition, and is
convalescing at her sister's place in another state, and is therefore unable to
do the trial. She said she would be associating in a new lawyer to help her and
needs a trial continuance of 6-9 months. Today, she and her client didn't even
appear, they just had a "special appearance" by the other lawyer, who is
presently in Tennessee. This would normally entitle my client to a default
under the statute requiring appearance of the parties at the time and place of
trial. Also, the five-year statute runs on May 15, 2024 (trial is required to
start within five years of filing complaint or the case is dismissed). This is
my opposing counsel's second health crisis, with the first one two years ago
that resulted in the delayed trial setting. I presented a lengthy argument to
the court on how there are no winners here, but we can't agree to any
continuance due to the lack of any information for nine months (I had been
reaching out to her about case-related matters, etc.), mandatory withdrawal
under Rule 1.16(a)(3) when an attorney is incapacitated, the five-year statute,
and my opposing counsel saying nothing at the last trial setting conference nine
months ago. The court granted a short continuance to April 2024, thankfully.
Three months isn't enough time for them to get up to speed in this case, so my
current view is that we're going to steamroll the defendant at trial-- which we
would have done today if the trial had started. Everyone deserves a fair trial,
including the defendant. This lawyer should be evaluated by the State Bar,
that's my view.
_reply
Mon, 29 Jan 2024 14:34:11 -0800
moisture2
from private IP
/all
People in the USA are so ill, stressed, and depressed that it's becoming more
and more common to cancel participation even in such utterly crucial meetings.
_reply
Mon, 29 Jan 2024 16:00:34 -0800
zerosugar
from private IP
/all
I wonder if she is really having problems or just trying to delay the
inevitable. Either way, seems she cannot handle the stress of the profession. A
client will eventually report her if this is her norm.
_reply
Mon, 29 Jan 2024 16:01:21 -0800
zerosugar
from private IP
/all
The judge may also eventually call her behavior into question. I would give the
benefit of the doubt one last time and see what happens.
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Mon, 29 Jan 2024 16:40:37 -0800
Andy from
private IP
/all
The lawyer who ran out of the courtroom that one time was worse than this. I
still can't believe that happened. I said: "your honor, Mr. Castaneda has just
left the courtroom." The judge said "well, he didn't ask for permission, so you
may proceed, Mr. Watters." He was gone for 10 minutes. I crushed his client at
that trial and we ended up with substantial special damages, plus punitive
damages. What a travesty of negligence. That lawyer had been disciplined in
another matter in 2011 and was probably still on probation at the time of the
2015 trial. I'm surprised there was no fallout from that, as far as I know.
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