Duty to communicate

mtpockets said:

What is the name of your state? CA

How much is left up to the discretion of the attorney? Is an attorney required to tell you about and/or give you a copy of all pleadings?

MY RESPONSE: Required, no. However, if you want copies, then you make arrangements to pay for all processing of such copies.



For example, I did not find out that the defendant in a lawsuit had filed an answer until I asked the attorney whether the default had been filed.

MY RESPONSE: There's no need for you to know. The attorney does his/her job. Knowing this information wouldn't help you. But, like I said, you can request copies of everything as they occur and pay for copies, postage and preparation time. Or, you can make an appointment to go to the attorney's office to review your file.


Also, the trial was scheduled for a date that was impossible for me to make. This problem could have been prevented if I had been given a copy of the Case Management Statement. (I would have had an opportunity to let me attorney know what dates I would be unavailable.)

MY RESPONSE: Tough. You MAKE the time. The dates are what the court HAS open, and it's NOT your choice. Your job is make sure you're at all hearings and trial dates, "as required." This is a TRIAL, not a birthday party.


IAAL

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CalifAtty-9 said:

mtpockets said:

What is the name of your state? CA

How much is left up to the discretion of the attorney? Is an attorney required to tell you about and/or give you a copy of all pleadings?

MY RESPONSE: Required, no. However, if you want copies, then you make arrangements to pay for all processing of such copies.



For example, I did not find out that the defendant in a lawsuit had filed an answer until I asked the attorney whether the default had been filed.

MY RESPONSE: There's no need for you to know. The attorney does his/her job. Knowing this information wouldn't help you. But, like I said, you can request copies of everything as they occur and pay for copies, postage and preparation time. Or, you can make an appointment to go to the attorney's office to review your file.


Also, the trial was scheduled for a date that was impossible for me to make. This problem could have been prevented if I had been given a copy of the Case Management Statement. (I would have had an opportunity to let me attorney know what dates I would be unavailable.)

MY RESPONSE: Tough. You MAKE the time. The dates are what the court HAS open, and it's NOT your choice. Your job is make sure you're at all hearings and trial dates, "as required." This is a TRIAL, not a birthday party.


IAAL

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100% correct.

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