Attorney Misrepresentation

[joy88]

What is the name of your state?What is the name of your state?CA

My attorney represented me at court and received a judgement without my knowledge. I was present outside the courtroom as far as the court knew I was present however he advised me the case was continued to allow for stipulations. I have now discovered he received a judgment that was against my express verbal and written instructions to my attorney. I have filed a modifcation on the case and the judge continued it because I don't have an attorney I still cannot afford another attorney and of course my attorney removed himself from the case before I even knew what was going on. I had filed the modification because of his stipulations, at my hearing the judge advised me that the case already had a judgement. I did not address this in the modificatin paperwork at the time because I did not know that he had received a judgment. How do I have his judgment overturned what kind of paperwork can I do? Can I just do a declaration advising the Judge what transpired and ask for dismissal?

Please help

Thankyou

 

[BL]

How come you weren't allowed to sit next to your Attorney in the Court room in the first place ?

It sounds odd to me, but If you feel you have a grievance with the Attorney file one .

It won't really get you any relief though .

You usually need a change of circumstances to File a Modification .

You could alway write an Affidavit to the Judge and explain your side , and asked this to reheard .

If in fact if you were poorly represented , you might be able to sue for a refund of your attorney's fees , but quit honestly , we don't know the entire Facts .

 

[joy88]

thanks for your advice. I did not sit next to him because we did not go into the court room because he had told me outside that they want a change in the stipulation and it had been continued. I did have a change in circumstances that is why he dumped me and then I filed the modification, I found out at my Hearing that a judgement had already been made I was trying to have his stipulations set aside (that's another story). I have attempted to obtain a transcript of the Hearing and the courts advised that it might be difficult because that reporter no longer works for them and they can pass it on but they said it doesn't look good?????

 

[BL]

Yes , you must get the transcript from the reporter , but if her whereabouts are unkn . and especially if He/She is no longer in business , that would be impossible .

Have you tried to obtain a Transcript of record of the Court Proceedings ?

 

[joy88]

attorney misrepresentation

Yes I tried to get the transcript through the court system the court is the one that told me the procedure. I fax the request to them and they pass it on to the court reporter and basically if he doesn't respond - tough!!

This case was a simple registration of arrears from another state (NY), he was to oppose this while he negotiated a reduction of the arrears which was agreed upon by both parties - my attorney led me to believe that the case was continued and would not be registered while we organised stipulations however he allowed the registration uncontested, I was led to believe that the other parties wanted the stips and they would be NY stips however my attorney was producing and signing CA them himself without my knowledge. Can I petition to vacate the registration of this order?

Can you do a NY stipulation on arrears or do you have to have a judge decide?

thanks

 

[BL]

I'm talking about records of Proceedings .

File a Complaint with the NY Grievance committing , if you have the proof , otherwise you should have had 30 days in NY to submit a record of objection . If you failed to do that , you live with , until there is a change in circumstances .

I still don't know why you weren't sitting at you Attorney's side whispering facts in his/her ear ? Even though you hire an Attorney , you're the one paying the bill . You should have been in the Court room , and IF the attorney said something no correct , correct him/her .

 

[seniorjudge]

...I still don't know why you weren't sitting at you Attorney's side whispering facts in his/her ear ? Even though you hire an Attorney , you're the one paying the bill . You should have been in the Court room , and IF the attorney said something no correct , correct him/her....

I would also like to know the answer to this question.

Thank you.

 

[BL]

I would also like to know the answer to this question.

Thank you.

Exactly . That scenario doesn't make sense .

In all my dealings with the Court system, WHEN a client "is" in the court house , you have Him/Her ( with you ) .

There's no shaking your head smiley , but shaking my head anyways

 

[seniorjudge]

Exactly . That scenario doesn't make sense .

In all my dealings with the Court system, WHEN a client "is" in the court house , you have Him/Her ( with you ) .

There's no shaking your head smiley , but shaking my head anyways

You FORCE me to tell a war story.

One time I was fixing to issue a warrant for a woman who had apparently not shown up for court. I was, in fact, on my way out of the courthouse when I saw her standing in the hallway. Back we troop into the courtroom.

"But I was HERE," she said, pointing to the hallway.

I replied (and I always got the last word), "But you were not HERE!" pointing to where she stood in front of the bench.

 

[BL]

You FORCE me to tell a war story.

One time I was fixing to issue a warrant for a woman who had apparently not shown up for court. I was, in fact, on my way out of the courthouse when I saw her standing in the hallway. Back we troop into the courtroom.

"But I was HERE," she said, pointing to the hallway.

I replied (and I always got the last word), "But you were not HERE!" pointing to where she stood in front of the bench.

Ok , I'll give you one Back !! Lol

I helped my girlfriend ( helped raised her kid before he could walk ) . She stopped allowing the grandma and Dad ( in prison 25 - life fer murder ) to have visits .

We drew a sitting Judged up in his years . A well The father filed contempt again the mother . " frivolous " . The older Judge Jumped on him and his Attorney . I learned a lot and did affidavits and all for her .

I did my own UD in NY . It's a hassle , but like this forum States from experience LOL Anyways I hope you admonished the Attorney for not having his/her client There were no bear bones with either of them LOl

 

[joy88]

OK this is what happened. We showed up for the hearing met him outside the courtroom. The child support attorney came out and called out the names of who is here, we said yes with him, he spoke to the attorney outside of our earshot he then came back and told us that they wanted a change in the stipulation and that the case would be continued, he then took us upstairs and said wait here and went into another court room and we waited and waited, eventually he came out and we said what's going on and he said I just have to file some paperwork and the case is continued??? So we left!! We never stepped foot inside a court room with this man yet he still managed to obtain a judgement!!!

 

[BL]

Ahh !! Seniour go for it . I still can't make heads nor tails of it . I've been around but not in all States LOL