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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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Customer Question

I am being sued by my neighbor (who is a lawyer and sues neighbors repeatedly to take over their properties and get insurance money) for an easement he says he has. My attorney is fed up fighting this guy (although Farmers insurance has paid him over 100K to date) and now they want out. they say that they have irreconsilable differences and they cant represent me responsibly anymore with me so they have to quit. They filed motion to withdrawal and it is to be heard in 18 days. In the meantime they have told me I need independent counsel which i cant afford yet they are insisting i do a deposition in 6 days and they will represent me. At this point I am afraid of my lawyers they are more concerned about a malpractice lawsuit from me than protecting me. they tried to force me to sign a substitution but i refused because i dont have a new attorney unless the judge grants an extension. I wrote a letter asking the defense to put everything on hold and told them i will not show up to the deposition because i dont have adequate representation until after the withdrawal motion. I have contacted other attorneys who are willing to accept the case but only if the judge gives an extension to the trial and discovery dates since they say my attorney has back loaded the case. Trial is in march but no discovery has been done yet. The plaintiff lawyer refuses to put anything on hold and demands the deposition be done while i still have these lawyers. my lawyers dont care and insist i have to go forward with the deposition. i have had no prep for the deposition and i could lose my property if i say something in the wrong way. The neighbor attorney is very mean and knows exactly how to rip me apart. So basically, my attorneys are siding with the plaintiffs and I have no one on my side. What can be done to put off the deposition until after I have adequate counsel? They are sending me 5+ emails a day harrassing me. They have put me in an impossible position - they want to quit and basically have one foot out the door and are pissed at me for not letting them quit when they wanted to. but i cant get new counsel without an extension but we wont know if the judge will allow this for another 18 days. The plaintiff lawyer said he will not put off the deposition because he doesnt want to have to deal with a different lawyer (he smells blood cuz he knows my attorney doesnt care). this is civil district court california
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.

I suspect the concern of the attorneys you have spoken with is that they will enter a notice of appearance, be denied on the request for a continuance and then be stuck going to trial on a case for which they are not prepared. However, there is a way around this. If you can find the right attorney, they may be willing to file a limited notice of appearance, the "limited" being for the purposes of filing and arguing a motion to continue the trial date. If they prevail, they can then stay on the case and properly prepare for trial. If they do not prevail, they can then rest easy knowing that they did not fully enter into the case.

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This could potentially benefit you as to the deposition as well. As I understand it, your current attorney has filed a motion to withdraw arguing that they can no longer zealously advocate on your behalf. Well, if that's true, how can they possibly represent you at a deposition? It's simply illogical to argue that they need to withdraw yet can still be with you at the deposition. If the new attorney is willing to do a limited notice of appearance, this could resolve the deposition issue also.

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Customer: replied 1 year ago.

unfortunately this does not help at all because as I stated no attorney will step in even on a limited basis until they know if an extension is granted.


 


also just a side note, the website said some attorney lisa was going to respond and gave her credentials but then you answered but it did not list your credentials. why was this?

Expert:  Joseph replied 1 year ago.

Actually, you only stated that attorneys were unwilling to get into the case, presumably fully into the case, without knowing about a continuance. I suggested talking to attorneys about entering in a limited capacity, something not addressed in your initial post. So again, I would urge you to talk to attorneys about this, you may very well find an attorney willing to take such an action for you. Considering the gravity of your situation, you have nothing to lose by trying.

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As to issues regarding the site, you would need to contact customer service as the experts are not permitted to address these issues. As to my credentials specifically, please feel free to click on my name, that will take you to my information.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Customer: replied 1 year ago.

they have told me in the past that they will not enter the case until an extension. that included even a limited apprearance or they werent even willing to do a special appearance. to ask them the same question i have already asked them and they have answered doesnt make sense.

Expert:  Joseph replied 1 year ago.

Please understand that I only know what you tell me here. As you never mentioned discussing a limited notice of appearance, I was left to assume that it had not been discussed.

You might consider doing something contrary to what you have previously stated. You could go ahead and sign the stipulation for the attorney to withdraw. After all, it is clear that the relationship has deteriorated and zealous representation is unlikely. You could then file a motion to continue with the court and, if granted, then retain new counsel.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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