Lawyer that is hired to represent wont’ go to court for or with me. I never received a subpoena but my lawyer said there was a hearing on Monday?

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Lawyer that is hired to represent wont’ go to court for or with me. I never received a subpoena but my lawyer said there was a hearing on Monday?

My lawyer called late this afternoon to ask if I’m coming to court on Monday. I said I didn’t know I had anything that I needed to go to court for. He said he can’t go because he has a trial with another client I’m supposed to go on my own. Shouldn’t he be rescheduling court date? I never received a subpoena in regards to matter. What should I do? It’s over an unpaid bill that I’m not disputing but I thought we had an agreement on payment and didn’t know they were going to legal action against. me. My lawyer and their lawyer had discussed matter but I was not even the loop on the happen

Asked on June 25, 2009 under Business Law, Kansas

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds as if your lawyer did not handle the matter in a responsible professional way. If there is a court date and he cannot appear it is his responsibility to have the matter adjourned not to just send the client alone. What I suggest you do is appear on Monday and explain the situation to the court. be honest and explain exactly what happened. Than you can ask for an adjournment and find yourself another attorney.

One other option is to call the court before monday and ask for an adjournment. They may be able to give you one or advise as to how you can request without having to appear. I would also call the creditor once again, see if you can settle the matter before Monday to avoid having to go to court at all. Regardless of how you proceed I would advise no longer using the attorney you hired and in fact you may want to ask for your retainer back if he did no work and seems to have hindered more than helped. If you need further assistance please post again with additional question. Good luck


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