Legal Question in Personal Injury in California
Is it a judge's responsibility to admonish an attorney that is doing such a bad job for his client the the opposing (defense) counsel is asking for sanctions against the plaintiff because of attorney missing deadlines and not following the judge's instructions? What recourse does the client have?
2 Answers from Attorneys
It is not the judge's duty. The judge's duty is to determine whether or not sanctions are appropriate and award them if they are. The client's recourse is to find a new attorney, then fire the old one, and if appropriate file a complaint with the State Bar and/or sue for malpractice.
Mr. McCormick is correct but the client can also tell his attorney that the attorney should inform the court that any sanctions should be against the attorney and not the client. the attorney probably will not do so, but it is worth the effort to inform the attorney and to insist that he pay for his mistakes and also not charge for any work involved in defending against such sanctions.