Suspect my lawyer goofed. Now What?

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Opposing lawyer set up a court date (in PA) when my lawyer was unavailable. This date was never changed by my lawyer. "They" showed up and "we" didn't so I lost case. What are the procedures, time lines for this sort of thing? My lawyer is saying she didn't have enough time.

 

[dorenephilpot]

Both sides are required to be at a hearing. Period.

If a specific date and time don't work, the lawyer is supposed to ask for a continuance. If it is granted, a new date is given. If it is not granted, the lawyer (or a fill-in) is required to be there. If a true emergency exists, such as the person was in an auto accident on the way to court, then that's different.

From what you've said, it sounds like there was a screwup. Might have been your lawyer. Might have been the court. Courts have been known to give the wrong dates.

Lack of preparation is NOT a valid reason not to show. It might be a valid reason for a request for a continuance, however.

Hope this helps....

 

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Thank you for your response, dorenephilpot. Can you give me some idea as to the time frame in which a continuance can be arranged? Such as, must it be done within 5 days of the hearing date or one week?

 

[dorenephilpot]

It really depends on your local rules and the reason for the request.

If it's an emergency, such as a death in the family or a broken-down vehicle, the time frame is less than if the attorney just needs more time to prepare or has two cases set at the same time in different courts and has known about the conflict for awhile.

Usually courts here want a motion for a continuance filed at least a week before the hearing date, but it varies, again, depending on the circumstances that call for it.

Sorry I couldn't be more specific....