Legal Question in Mediation in California
How does one dispute an attorney's lien?
Is there a special form or motion to dispute an attorney;s lien ? My attorney believed testimony from the defendant at a deposition even though I could prove the defendants inconsistencies and lies. My attorney filed a dissassociation 2 weeks before my status conference and this action has compromised the integrity of my position. Is that common practice for attorneys?
Also the defendant ''lost'' my personnel file and being as this is a wrongful term/sexual harassment suit what can I do? The defendant is a successful doctor responsible for 100's of patient records yet he ''lost'' my file?
1 Answer from Attorneys
Re: How does one dispute an attorney's lien?
Your attorney is required to file a motion to withdraw if he is already your attorney of record in the case (if he has filed any pleading or made an appearance - the deposition he attended qualifies). However, you are probably better to forget that and hire a new attorney because his declaration supporting his substitution may hurt you worse than what he has already done. If the employer "lost" your personnel file, it will hurt his case because inferences regarding the content of your file are going to be in your favor. Don't be surprised, however, if it turns up right before trial.
Bob
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