Legal Question in Real Estate Law in California
If the attorney didn't do what client requested, can he tell the judge and get his client another chance?
In tentative ruling, judge points to lack of evidence. Attorney refused to put that evidence in, despite client request.
At oral argument, can attorney admit that this was his mistake and request new opportunity for client to add that evidence?
1 Answer from Attorneys
The time between a tentative ruling and the hearing on the ruling is usually "overnight," so I hope this answer is timely.
Judges, and the law, are sympathetic to lawsuit parties whose cases have been mishandled by their attorneys. There are several laws in the Code of Civil Procedure, for example, that make it relatively easy for a client to obtain relief from his/her attorney's mistake.
However, assuming that you are the client, the questions are (a) is the attorney now willing to tell the judge that he/she made a mistake? and (b) did the attorney have a good reason for refusing to offer the evidence, e.g., he/she thought the evidence was harmful, irrelevant or inadmissible?
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