Not Filing on time

[Kelevra]

What is the name of your state? CA

My attorney not filing OSC papers on time for the court date. Is it not five working days before the court date papers are accepted? Can I file?

 

[CourtClerk]

Your post doesn't make sense. What do you mean by filing OSC papers. The OSC is probably what got you the court date in the first place. Were you served an OSC and need to respond?

If it's the response to the OSC, then it needs to be filed 9 court days before the hearing, 14 if it was subserved.

 

[Kelevra]

If it's the response to the OSC, then it needs to be filed 9 court days before the hearing, 14 if it was subserved.[/QUOTE]

It is a response to an OSC and my attorney said it's ok to file five days or less before the court date? right or wrong? And if they do not file what can I do?

 

[casa]

If it's the response to the OSC, then it needs to be filed 9 court days before the hearing, 14 if it was subserved.

It is a response to an OSC and my attorney said it's ok to file five days or less before the court date? right or wrong? And if they do not file what can I do?[/QUOTE]

File them ASAP. Attend the OSC & explain to the Judge that your attorney <ahem, idiot> didn't file your Response within the proper time frame, but that YOU filed it as soon as the mistake became known to you. The Judge will then decide how to proceed.

 

[casa]

Your post doesn't make sense. What do you mean by filing OSC papers. The OSC is probably what got you the court date in the first place. Were you served an OSC and need to respond?

If it's the response to the OSC, then it needs to be filed 9 court days before the hearing, 14 if it was subserved.

CC~ How Scary is it that this attorney did not know this??

 

[majomom1]

CC~ How Scary is it that this attorney did not know this??

Casa... there is never a guarantee with an attorney, and if you don't know the process, you don't know they are doing anything wrong or missing something. Heck, if I knew that already I wouldn't need one, I would already be doing everything pro se. Not one of them I have met is anywhere close to OG. I wish I had found this board a long time ago. I wouldn't be in the spot I am in.

 

[casa]

Casa... there is never a guarantee with an attorney, and if you don't know the process, you don't know they are doing anything wrong or missing something. Heck, if I knew that already I wouldn't need one, I would already be doing everything pro se. Not one of them I have met is anywhere close to OG. I wish I had found this board a long time ago. I wouldn't be in the spot I am in.

I'm so spoiled living in CA. The Law & access to research/info. is everywhere...I mean everywhere. I just can't comprehend an attorney NOT knowing the BASICS of the Rules of Civil Procedure. The freakin' hand out packets explaining it to everyone who even files anything- Pro Se or not.

I'm not nit-picking here...this is BASIC information. *IMO*

 

[tuffbrk]

Ya know - the thing is - you hand out a ton of money to an attorney, usually someone that was recommended and you expect that they will do their best to represent your interests. I mean - isn't that what you pay them for?!

As a mom, I was working 60 hrs a week, playing taxi driver to everywhere for 2 kids, cooking, cleaning, shopping, laundry, homework reviews, sport events - the list goes on forever. Who had time to research? It wasn't until I really started questioning whether I was losing my mind that I started to research. Unfortunately, it's mostly too late for me.

When you find out that the professional you placed your trust and money in - is worth nothing - you're just STUCK!! You can't go "backwards," the system doesn't care one way or another, you have little recourse against the attorney - unless you have the money to hire a new one!

Ignorance isn't an excuse, I know. It's just easy to presume that the attorney has done their "homework" and is the expert but in the end - it's hard to find an attorney who cares about their client and their client's future. Some need the hours and take on more than they should or do not have the expertise that they claim, some prefer to go to trial (?!!) as long as their client can afford to.

Oh well - practice self reliance - and forgive my rant!

 

[CourtClerk]

CC~ How Scary is it that this attorney did not know this??

Personally, I'd be looking for another attorney and/or another firm because if the attorney didn't know it, then someone in that office should. However, I'll say that a lot of these attorney's develop bad habits because the court staff becomes lax at what they accept. And you'd be even further amazed at just how much the attorney's don't know about filing deadlines, etc. They're litigators, they litigate. That's what they do.

Happens a lot at my courthouse. People figure that the OSC is going to result in a hearing anyway, so why not let them file, even if it's late. Attorney's get very used to the way Judge X let's me slide and since this isn't a summons or petition or anything that can result in the other party filing for default, I'll get to it when I get to it. A lot of times, the filing clerks will not allow for filing, but the attorneys turn around and file it in the courtroom. I, myself turn them away when it isn't timely, but I know a lot of my coworkers that will take the filings.

We don't give those concessions to those that are pro se, why do it to the attorneys? If it's once or twice, that's one thing, but you have attorneys that do it constantly and just take advantage because they have a BAR card, then want to throw it up in someone's face when the other side doesn't do something timely.

OP, if you keep this attorney, you need to make sure that you let him know that you expect him to abide by all the CCP's and CRC's (Code of Civil Procedure and California Rules of the Court) when handling your case, because it'll be one day that he decides to do something off hand, and the regular sitting judge isn't there that day and you have one on the bench that is a stickler for the rules. You're screwed then, and all you're left with is additional attorney's fees filing motions and appeals for things that were essentially your attorney's fault to begin with.

 

[escape2paradise]

I've sat in on many hearings in my county. The late or non filings happen a lot. The judges here let it slide all day long. Luckily I have not had these issues with my attorney, thus far he has been on top of everything.

 

[sugarplum_lana]

Casa... there is never a guarantee with an attorney, and if you don't know the process, you don't know they are doing anything wrong or missing something. Heck, if I knew that already I wouldn't need one, I would already be doing everything pro se. Not one of them I have met is anywhere close to OG. I wish I had found this board a long time ago. I wouldn't be in the spot I am in.

Hear! Hear! Does anyone know what recourse is available if our attorney does happen to be a complete idiot? (may as well be doing my own defense for all the good my lawyers done me)

 

[casa]

Personally, I'd be looking for another attorney and/or another firm because if the attorney didn't know it, then someone in that office should. However, I'll say that a lot of these attorney's develop bad habits because the court staff becomes lax at what they accept. And you'd be even further amazed at just how much the attorney's don't know about filing deadlines, etc. They're litigators, they litigate. That's what they do.

Happens a lot at my courthouse. People figure that the OSC is going to result in a hearing anyway, so why not let them file, even if it's late. Attorney's get very used to the way Judge X let's me slide and since this isn't a summons or petition or anything that can result in the other party filing for default, I'll get to it when I get to it. A lot of times, the filing clerks will not allow for filing, but the attorneys turn around and file it in the courtroom. I, myself turn them away when it isn't timely, but I know a lot of my coworkers that will take the filings.

We don't give those concessions to those that are pro se, why do it to the attorneys? If it's once or twice, that's one thing, but you have attorneys that do it constantly and just take advantage because they have a BAR card, then want to throw it up in someone's face when the other side doesn't do something timely.

OP, if you keep this attorney, you need to make sure that you let him know that you expect him to abide by all the CCP's and CRC's (Code of Civil Procedure and California Rules of the Court) when handling your case, because it'll be one day that he decides to do something off hand, and the regular sitting judge isn't there that day and you have one on the bench that is a stickler for the rules. You're screwed then, and all you're left with is additional attorney's fees filing motions and appeals for things that were essentially your attorney's fault to begin with.

I'm not bashing...but are you in the 'only' lax county in CA? (SD)

 

[CourtClerk]

I'm not bashing...but are you in the 'only' lax county in CA? (SD)

It sure seems like it to me, but probably not. I went to a conference once where during lunch, we were talking about procedure and processing times and the inconsistencies from county to county.... I was amazed. Simply amazed.

In LA's defense, I will say, we may be lax in some things, but we know what we're doing (or supposed to be doing). There are some people in other counties where they are doing things just completely WRONG and azz backwards and didn't know it - and these were JA's and SUPERVISORS.

 

[Kelevra]

closure

Well this soon to be gone attorney they are forcing my hand to switch lawyers) is now saying I can not even ask for child support increase because the evaluator report is not finished after 3 years? They say I can not even ask the judge to place an order if my Ex takes my child out of town over one hundred miles or out of state without any notification to me of where they are going and etc.