Legal Question in Legal Ethics in California

My attorney filed a Petition with L.A Superior Court against Trustee for Breach after a Trust matter closed. After the Court ordered it to arbitration my attorney refused to arbitrate with the arbitrator on my behalf. The arbitrator awarded $45,000 legal fees to the Respondent. Allegedly my attorney became ill after failing to participate in arbitration. I was sent letters from a Doctor informing of alleged treatment of attorney and medical advice disallowing further participation in the case. The attorney never asked to withdraw or for a release and consequently on the date for Confirmation of the Award by the Court, I was alone. I explained the situation to the Court and told the Court I objected to the Award. Opposing counsel said I needed to file a Substitution of Attorney. It was returned to me signed at the end of July. Meantime, I was informed I had to file my Opposition with the court by Aug. 2. In only 9 working days I was unable to obtain counsel and had to put together some document to file with the Court timely. I know it needs professional amendment. My Court date is Aug. 16. What can I do about amending my Opposition and about the attorney?


Asked on 8/07/12, 10:17 am

1 Answer from Attorneys
Jacob Kiani Law Office of Jacob I. Kiani

Basically, you can ask the judge for permission to amend your opposition. You may have to file an excusable neglect motion, as well, in conjunction with that, or at least demonstrate to the judge in some other manner that good cause exists to allow you to file an amended Opposition.

As for you other question, you need another attorney. Try not to get such a jerk next time though, eh? haha.

Call me with any other questions. 3232742104

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Answered on 8/15/12, 8:38 pm


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