Legal Question in Criminal Law in California

What am I Going to do?

I hired an attorney to have my husband released early for medical reasons. He claims his car broke down and didnt show up for court. My husband was taken out of the court for medical reasons. I contacted attorney, attorney stated that he would meet me at court which again he did not show up. Can I get a refund for his lack of representation?


Asked on 4/15/09, 3:51 pm

1 Answer from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Re: What am I Going to do?

It is not clear to me whether the attorney did not show up for two different court appearance days, or whether you were describing the same day and he said he was on his way but still didn't get there before you all left. In the former situation, I agree that he should refund the fees so you can get your husband a new lawyer.

But if this was the same day on which he said his car broke down, I would give him the benefit of the doubt and make it clear that it if happened again, you would take action. Those actions could include (if you did not get your fees refunded) suing him in Small Claims Court (for up to $7500), and/or reporting him to the State Bar. It would be reasonable though to give him/her a chance to work it out by agreement first though, in my opinion.

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Answered on 4/15/09, 6:06 pm


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