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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. _reply 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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