lawyer did not know court date

[arsenic]

CA

I was recently arrested for a misdemeanor, and retained a lawyer for my defense. He appeared once some weeks afterwords before the court on my behalf. Not sure what this hearing is called. Presumably the court knows that he is now legally representing me.

Last month I received a letter from the court about my arraignment date. I assumed that my lawyer would also have been notified. I also sent him an email about the date; I did not get a reply.

As it turned out, he did not know of the arraignment date, and only learned of it when I called for an update about the arraignment. He said he will stop the bench warrant from being sent out. About the email, he admitted that he routinely ignores most of them because as a solo practitioner (without much if any office help) he is swamped with them.

Questions:

Since my attorney has already appeared in court for me, shouldn't the court have send him the notice of court date ? That has been my experience in my previous legal encounters .

Will my missing the arraignment date (now rescheduled) count against me in future court proceedings?

 

[Ohiogal]

CA

I was recently arrested for a misdemeanor, and retained a lawyer for my defense. He appeared once some weeks afterwords before the court on my behalf. Not sure what this hearing is called. Presumably the court knows that he is now legally representing me.

Last month I received a letter from the court about my arraignment date. I assumed that my lawyer would also have been notified. I also sent him an email about the date; I did not get a reply.

As it turned out, he did not know of the arraignment date, and only learned of it when I called for an update about the arraignment. He said he will stop the bench warrant from being sent out. About the email, he admitted that he routinely ignores most of them because as a solo practitioner (without much if any office help) he is swamped with them.

Questions:

Since my attorney has already appeared in court for me, shouldn't the court have send him the notice of court date ? That has been my experience in my previous legal encounters .

Will my missing the arraignment date (now rescheduled) count against me in future court proceedings?

It could. Your attorney is an idiot. I am a solo practitioner with no office help. I still read all of my emails. I am also responsible for knowing what is in them. You should find new counsel quite frankly. If he had not received the email, that would be one thing. To state that he IGNORES them, that is ridiculous and he should not handing out his email address.

 

[arsenic]

It could. Your attorney is an idiot. I am a solo practitioner with no office help. I still read all of my emails. I am also responsible for knowing what is in them. You should find new counsel quite frankly. If he had not received the email, that would be one thing. To state that he IGNORES them, that is ridiculous and he should not handing out his email address.

Unfortunately, I had to pay upfront (on the high end), and my reading of the contract is that I would be unlikely to get a partial refund.

His admission about emails was unusually candid, and prob. occurred on the spur of the moment because he realized he screwed up.

I don't know what else I could have done to pick a lawyer. I didn't want to ask my acquaintances, "Hey, I have just been arrested. Any lawyers you want to suggest?". I talked to several attorneys over the phone, reviewed their Bar records, and checked their AVVO scores.

 

[tranquility]

Blowing a date is almost per se malpractice for an attorney representing a client. If you suffer no problem from the error, you really don't have a case against him. But, you certainly have a right to know how to timely communicate with him. At the very least, I'd send a specific letter listing the error and demand a method of communication that will not be ignored. If you really wanted to fight it, you might claim he breached your representation contract and sue him for unearned fees. I don't know if you are at that point, but I'd surely make sure you are competently represented in a criminal matter. Don't be penny wise and pound foolish.

 

[arsenic]

Thanks OG and TR for your replies.

I thought that missing a court date is kind of chintzy, whether I emailed my attorney or not. Isn't it his responsibility to know the court dates, apart from just checking the Court website every week? I did not know that it is considered a very serious lapse within the legal profession. I am in little danger of being immediately thrown in jail, but I am glad to hear that lawyers disapprove of the event.

 

[HighwayMan]

I can't see why you wouldn't be able to get back the balance of your retainer if you decide to seek different counsel.

 

[tranquility]

I can't see why you wouldn't be able to get back the balance of your retainer if you decide to seek different counsel.

While I think true, the money is already in the lawyer's hands.