At this point your only recourse is to terminate your attorney and seek new representation. In the meantime while looking for a new attorney, you are not represented and therefore represent yourself. At that time you could write a letter to the Trustee accepting his settlement offer. You could also include that you had wanted to accept earlier but your attorney refused to follow your directions. Make sure you indicate that you are no longer represented by the attorney, and that you are seeking counsel. The Trustee is now free to deal with you directly.
I do not know what has gone on in your case, and your attorney may have very good reason as to why they are not accepting the offer. Make sure you have a good discussion with your attorney as to what is going on, and make sure they know your dissatisfaction with their service. There could be something more going on. If you are still not satisfied it is your right to terminate the attorney's services and pursue all negotiations yourself with the Trustee. The Motion for Summary Judgment will either have to be heard or withdrawn, it must be disposed of one way or the other, so if you do terminate know you will have to deal with that. And of course, you can always get a new attorney to handle the case for you entirely.
I am not able to leave Las Vgas to attend personally the court in San Diego. Is is legally alright to address the court via mail to complain against my acceptable by the court if I
PURE GREED: That's my answer to your observation that my attorney may have very good reason for not accepting the offer. My attorney has just opened his own law firm in September 2008. By accepting settlement he will have no scope to raise unneccessary bills. Whereas by going for summary judgment and subsequent trial he will have ample scope to do so. For your information he has demanded IMMEDIATE RETAINER OF $10,000 to proceed further in summary judment matter which, in the first place, he started without my consent or approval
I am not able to leave Las Vegas to attend personally the court in San Diego. Will it be legally acceptable by the court if I lodged complaint against my attorney via mail? If I answered by mail subsequent querries raised by my attorney/court? Eagerly await your reply.
Sorry for the confusion. You file a complaint where the attorney is located, so California is where you would lodge your formal complaint.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).