Dumped by lawyer

[Nerepisboy]

I was just notified by my lawyer that he will not be representing me at a hearing the day after this long weekend. He left it up to me to have documents sworn,filed and served. This all had to be done within a few hrs of the court closing at 5pm Friday. Now I am left with having to represent myself at this hearing, I don't think I can get anyone with this short notice to have as counsel?? Maybe duty counsel on the day of the hearing. I don't know?? My question is has anyone else every run into this situation before?? This lawyer was referred to me by my workplace EAP Rep as well !!!

[puppyluv]

I would ask for an extention...time to find someone new. Although you will possibly have to explain why to the judge. best of luck

[Nerepisboy]

I was told by the Court of Queens Bench that I would have to ask the opposing lawyer if he would postpone the hearing in light of the circumstances but of course he said NO. So looks like I am on my own unless I can get duty counsel to step in at least for the hearing.

[seashanty]

depending on the issue, and why the lawyer bailed (which is very hard to do once you accept a case) the judge (again depending on the judge and if he or she has had their coffee yet) may hold the case over until you can find new counsel. If the case is relatively serious and you represent yourself, the judge is kind of obligated to "coach" a little through the process. Not sure if things would be postponed in custody cases or child support, but it would certainly be yet another black eye for our legal system if you get railroaded into something that could have been avoided if you had competent counsel.

[sanstu]

How did you make out?

[Nerepisboy]

depending on the issue, and why the lawyer bailed (which is very hard to do once you accept a case) the judge (again depending on the judge and if he or she has had their coffee yet) may hold the case over until you can find new counsel. If the case is relatively serious and you represent yourself, the judge is kind of obligated to "coach" a little through the process. Not sure if things would be postponed in custody cases or child support, but it would certainly be yet another black eye for our legal system if you get railroaded into something that could have been avoided if you had competent counsel.

I didn't think a lawyer could bail either at least not that close to the hearing, but this goofball did. The judge seemed to be understanding of my circumstances after she asked me for a certain document which I did not have , which is when I explained to her why I did not have it since I did not know I was supposed to have it (my goofball lawyer would have known this). Anyways some things were resolved at this hearing and another is schedule for Dec (I hope to have another lawyer,a competent one by then).

[Nerepisboy]

How did you make out?

Well I didn't think I did too bad, I still would have liked to had counsel there . I am sure there were some things that the opposing lawyer said that would have been argued by my lawyer, I did the best I could. The judge was very good and did not rush me when I needed to find a particular document. I did have a document that the judge used and entered as "exhitbit A" , the opposing lawyer presented an illegible document that wasn't accepted. Anyways some headway was made and I intend to have a replacement lawyer by the next hearing in Dec. That is if one will take me on now that the process has already begun??

[timmy]

You should have had no problem getting a delay from the judge. I have been in court a few times for speeding tickets and every time watched a PARADE of guilty slimeballs who "didn't have time to get a lawyer" be given several more weeks to find the time in their busy schedule. One fat thief in a suit whose specialty was scamming old ladies out of their savings was STERNLY warned by judge chuckles in Hampton court that his latest excuse of several was the "last time, be back here with a lawyer in 2 weeks".
So, given that you seem to have a very valid excuse it shouldn't have been a problem. It's the judge's decision alone, HE runs the courtroom. Did you talk to duty counsel? It's free you know. On that same day in Hampton court duty counsel helped by ending the case in my favour. (RRPF's star player stayed home sick that day to avoid being made a fool of with his own video)
I would also file a complaint with the law society regarding your former lawyers irresponsible actions.

[sanstu]

nerepisboy, glad to hear things went OK for you. As timmy said it is up to the judge to hold the case, not up to opposing counsel.(although they would like you to think it is up to them.lol) Good job on representing yourself. Keep us posted.

[Nerepisboy]

You should have had no problem getting a delay from the judge. I have been in court a few times for speeding tickets and every time watched a PARADE of guilty slimeballs who "didn't have time to get a lawyer" be given several more weeks to find the time in their busy schedule. One fat thief in a suit whose specialty was scamming old ladies out of their savings was STERNLY warned by judge chuckles in Hampton court that his latest excuse of several was the "last time, be back here with a lawyer in 2 weeks".
So, given that you seem to have a very valid excuse it shouldn't have been a problem. It's the judge's decision alone, HE runs the courtroom. Did you talk to duty counsel? It's free you know. On that same day in Hampton court duty counsel helped by ending the case in my favour. (RRPF's star player stayed home sick that day to avoid being made a fool of with his own video)
I would also file a complaint with the law society regarding your former lawyers irresponsible actions.

I did check to see if I could get duty counsel but apparently they told me they did not supply them for family court. The Court of Queen's Bench office told me that I would have to get the ok from the opposing lawyer if I wanted an extention. I did tell the judge during the hearing about my circumstances and that I had asked the other lawyer for an extention, she seemed compastionate enough but the hearing went on anyways. I will always wonder if I had a lawyer there if things would have been different?? The lawyer I had was even a recommendation from my EAP rep. I am notifying them also that he should not be used by any other employees. Thxs for the info Timmy.

[timmy]

As I think about this more I think the Judge was dead wrong to allow this to proceed at all when you didn't have a lawyer, apparently through no fault of your own. Hope your new lawyer is a good one. Good luck.

[sanstu]

Family court operates slightly different. Given the backload I am not surprised that the case went forward. Probably best for nerepisboy that it did; otherwise there may have been a very long wait for a new court date.