Legal Question in Wills and Trusts in California
An attorney claims he represents MK and files an action. During the trial MK is not present in court. The judge allows for MK to be heard in court on the phone, and MK states I did not hire this attorney to represent me, and I did not ask him to file this motion.
QUESTION:Can this attorney continue to argue this case on behalf of MK?
Can the judge allow this attorney to continue?
2 Answers from Attorneys
Based upon the information you present, the judge would and should stop the hearing right then and not allow it to proceed forward. The other side's attorney would move for a dismissal of the case which would be granted. But I can not believe there are other relevant facts you have no presented. An attorney would not waste their time on litigating a matter where they have no client and thus no one will pay them anything. Nor would a judge allow a case to go to trial if the complaining party were not there [unless very minor case with no contested issues and plaintiff physically could not be present] and would not allow a plaintiff to testify by telephone.
I'm surprised the judge did not inform the attorney he was notifying the California State Bar, for the attorney's misrepresentations. It sounds like the lawsuit has been brought for other reasons, so there may be an underlying scam. I agree with Mr. Shers, in that it sounds like something else is going on, that you are not telling us.