Legal Question in Family Law in California
I went to court last week for dissolution of marriage....my attorney was late and I verbalized that I did not feel comfortable without her there and if we could please wait for her . She told me that my attorney was late and that it was just tuff and proceeded with court. I feel my civil rights were taken away and I got blamed for my attorney's actions. Am I correct and if so what can I do about it?
2 Answers from Attorneys
Without knowing more than one instance it is difficult to determine. The totality of the circumstances needs to be considered but generally if you're represented by counsel the court should not proceed without them.
Although they could default you for the hearing so the court may have been willing to proceed with you instead of simply ignoring you. There are so many factors to consider. There is nothing to require the court must wait to proceed until the attorney or party arrives although they usually do as a courtesy.
The big issue right now is damage control. That means you need to either articulate what the result of the hearing was, or determine whether something adverse to your position has happened as a result of your attorney's failure to appear and the court going forward with the case in your attorney's absence. Your post is devoid of any information as to what was the result, and whether it adversely affected you legally.