Legal Question in Civil Litigation in Missouri

My lawyer was asleep during my trial

during my trial I found my lawyer asleep. this has lead to my midrepresentation. can I ask for a continuance from the Judge to find a new lawyer? or should I wait until judgment and ask for an apeal so that my entire case can be retried? what are my options at this time?


Asked on 3/11/07, 1:28 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: My lawyer was asleep during my trial

You would not believe how absolutely shocked I am to hear that an attorney fell asleep during a trial! Was he or she under some type of medication or suffering from some medical condition that caused this to happen? How did the Judge not notice this? Was it a jury trial? did the Jury notice it? In any event, you have the option of waiting until the Judgment is rendered. If you are satisfied with the result you may choose to do nothing. Otherwise, you may be able to file a Motion to set aside the Judgment based upon the attorney falling asleep, and if your Motion fails, you would have the right to an appeal. Also, there may be reason to file a complaint with the Missouri Bar Disciplinary Counsel for what would appear to be a violation of our Rules of Ethics. Finally, if the attorney falling asleep caused you any damgages, you may file a claim or a lawsuit based upon professional negligence.

Read more
Answered on 3/11/07, 9:27 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Missouri