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LegalKnowledge, Attorney
Category: Legal
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Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My lawyer did not do his due diligence and stated to the judge,

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My lawyer did not do his due diligence and stated to the judge, under oath, that i was not co-operative and they could not locate me. My phone number hasn't changed and all mail has been forwarded to my new address. The judge requested he provide proof that he did due diligence. His assistant finally left me a voice mail 10 days after he made those statements. Should I contact his assistant or make them do their due diligence & contact me again? I did file a complaint against him to the Colorado State Bar on slander & not doing his due diligence requirement. What do you suggest?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Was this in regard to the desire of the attorney to withdraw from the case and representation? If so, where does the matter stand at this time?
Customer: replied 3 years ago.

Yes, the desire is to have the case withdrawn. It stand now that if I am not subpeoned the cas will be dismissed on Sept 3, 2013. This case has been pending since 09/11/2011.

Thank you for the additional information. If the attorney is lying to the Judge, it is important that you bring that to his/her attention. You can file a response to their motion to withdraw and attach a supporting affidavit, evidencing the fact that no effort was made, your phone number has remained the same and all mail has been forwarded to your new address. As such, the attorney was fully capable of placing you on notice, if they want to withdraw, as a result of not being able to contact you or your cooperation. It is always at the discretion of the Judge to allow the attorney to withdraw, if good cause can be shown but if you are now before the Judge and the attorney knows where to find you, their issue could be moot, since you are able to speak with them and resolve the case. Now, if the issue is over money, that is a different story and would be up to the Judge to allow them to withdraw, as well. The Judge can require the attorney stay on the case and finish it up, since it has been pending for close to two years, if they so desire. if the attorney lied under oath, the duty would be on the Judge to take the necessary actions to hold the attorney in contempt and impose sanctions. Since you already reported the conduct of the attorney to the Bar, they too could investigate the matter and he could be subject to discipline. If the attorney sent you mail, there should be some evidence/copies of the letters and they could also always ask for their phone records, to show attempts made.

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