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]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??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.
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.CC~ How Scary is it that this attorney did not know this??
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.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.
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.CC~ How Scary is it that this attorney did not know this??
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... 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 not bashing...but are you in the 'only' lax county in CA? (SD)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.
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.I'm not bashing...but are you in the 'only' lax county in CA? (SD)