Legal Question in Employment Law in California
Complaint filed, but my atty now unresponsive. Now what do I do?
I have hired an attorney and have filed a civil complaint against a previous employer in the local court system (superior cout state of CA) regarding wrongful termination. As I understand it, we have 60 days to serve the complaint. At this time my attorney is not replying to any of my emails (we have largely done the majority of our corresp. via email). He has a history of unresponsiveness and failing to meet his own deadlines, but I had hoped that would change once the complaint was filed. It hasn't. I have known this attorney for about two years. He has assisted me with unemployment hearings (same matter) and wrote a demand letter to the now-defendants in that time. I like the attorney as a person, but I am worried and question the prudence of moving forward considering the lack of communication, and I don't know what to do next. I have ~two weeks to serve the defendants and have no idea what is the best course of action or even where to find a different attorney if I want to continue the action against the defendants. And if I want to simply *not* continue the action, I need to know how I do that properly. I can't imagine it's right to file a complaint, waste the court's time, and then just drop it, but what are my options?
4 Answers from Attorneys
Re: Complaint filed, but my atty now unresponsive. Now what do I do?
You can e-mail me directly with more specific information about the case.
www.amyghosh.com
www.attorneyadvise.com
Re: Complaint filed, but my atty now unresponsive. Now what do I do?
You and your attorney must work well together. If you are not feeling comfortable early on in the case, you may be better served by making a change now, rather than later.
Re: Complaint filed, but my atty now unresponsive. Now what do I do?
If in Los Angeles, you can check the superior court web site, look up your case, and find out where your case stands, including filing of the proof of service. I agree with my colleague that you have to work well with your attorney. If you can't, then you should get your entire file (which is yours), and take it to another attorney at least to review the merits and procedural issues. Good luck to you. -Robert
Re: Complaint filed, but my atty now unresponsive. Now what do I do?
You have to make a decision whether to stick with him, or seek new counsel. Once you determine to change, request and pick up your file from him [your right to do so], take it to the new counsel. Be sure before you do that, as there is no going back. The facts will determine whether another attorney will be interested in taking the case. Just because one attorney told you, and you believe, that you have a great case, does not make it true. Employment law is a tough arena to fight in. Since you are in SoCal, I would be willing to consult and give you an opinion. Employment law has been a specialty of mine for almost twenty years.
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