Legal Question in Legal Malpractice in California

Continued by Stipulation

I have a custody case in progress with my ex and my attorney has said that he continued it twice and keeps charging me ridiculously (350/hr) when I have asked him if there is any way possible to stop the continuance. After the last one my ex didnt even do anything (declaration) so there is no good reason to keep draggin it out. He called today and said that it was continued again by my ex (from sept 17 to Oct 23) and I was just extremely frustrated, he said the only way to stop it was to go ''ex party' and that would be even more expensive for me. I went to the clerks office and they said that there is NO continuance as of now, it was still Sept 16 and there should be no lag time in thier system. She also told me that the last two continuances were ''continued by stipulation'' which she said was both parties agreed. I did not agree at all. actually the opposite, I have been praying for all this to be over. What does this mean? Has my attorney been lying to me? What should I do at this point? Thank you so much :) :)


Asked on 9/09/08, 3:17 pm

1 Answer from Attorneys
Anna Niemann Pro-Active Mediation

Re: Continued by Stipulation

I suggest that you inform your attorney in writing (maintaining a copy in your file) that you have approved NO continuances, confirming that you do not consent or stipulate to any further continuances, and that you will not be responsible for any fees or costs incurred should your attorney agree to continue over your objection and instruction.

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Answered on 9/09/08, 6:42 pm


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