How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Georgia state court question: I currently live out of state,

This answer was rated:

Georgia state court question:

I currently live out of state, but was served a summons to defend myself for traffic violations over a year ago.

If I hire a lawyer to represent me via guilty/no contest using the plea in absentia allowance, what would happen if the lawyer didn't show up? Moreover, what recourse would I have if this were to happen?

Thank you for your question. Please permit me to assist you with your concerns.

That is a good question. If he fails to show up it is the same as if you failed to show up. The judgment would be issued against you by default and the courts can also legitimately claim you (not your attorney but you) to be in contempt of court. Then they could also issue a bench warrant for contempt of court and demand that you return to answer those charges as well. You wouldn't have recourse against the courts in this instance since you have the obligation to appear.

But you could have recourse against the attorney. His failure to appear could be considered to be legal malpractice. You could then file a grievance against him with the county disciplinary board when the attorney practices, and then also file suit against the attorney directly for your injuries and losses that stemmed from him failing to appear.

Good luck.

Dimitry K., Esq. and 6 other Legal Specialists are ready to help you

Related Legal Questions