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 Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 20992
Experience:  JA Mentor
26798026
Type Your Personal Injury Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

My lawyer wants out of my case. A deposition was scheduled

Resolved Question:

My lawyer wants out of my case. A deposition was scheduled for tomorrow. First he tried to get me to sign a form becoming my own atty. He has said that he is not going to be my attorney any more and my deposition is canceled and the depositions of my witnesses are cancelled. He then sent me copies of the email stating this to me by reg mail and certified. My witnesses have never received anything canceling their depositions. I can not find anything on the internet stating how a deposition is cancelled. I don't know if mine really is cancelled. I understood it has to be "squashed" by the court, as another attorney here at ask. com said but I can not find this on the internet. Was this the correct information, is he hoping I won't show up and then have reason to drop me?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

First, once an attorney has entered an appearance in a case, he can only withdraw with the judge's permission. So, he should file a Motion to Withdraw before he can stop acting as your lawyer. To do otherwise is a violation of the rules of professional conduct.

Second, a deposition can be canceled by the party that scheduled it just be sending a letter or email saying "It's canceled" or even a phone call. The subpeona is a court order to appear, but when the person who issued it says "nevermind," then that's usually enough - but most people would ask for it in writing to avoid being held in contempt of court. An opposing party or the witness would have to file a Motion to Quash, but not the party that scheduled it. Still, if a person cancels his own deposition, he would have to tell the witness and opposing counsel.

If your witnesses haven't been told that the deposition was canceled, then it sounds like it's going to proceed. Telling you that a deposition is canceled when it isn't is also arguably a violation of Rule 3-500, which requires that an attorney keep a client reasonably informed of what is going on in the case.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Satisfied Customers: 20992
Experience: JA Mentor
Lucy, Esq. and 8 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.
I did rate it, I don't know why it did not go through. No one showed for the deposition and when I called the attys office the sec. said a lawyer was telling her it was canceled and would not say who. Got home and got the papers from him to sub myself as my attorney after I all ready told him I am not going to do that. What a jerk, no wonder people hate attorneys!
Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry that this happened.

If he filed the papers with the court, you can file an objection. You may also have grounds for complaining to the Bar for Violation of the Rules of Professional Conduct. When an attorney doesn't wish to continue representing someone, he still has an obligation not to leave the client high and dry.
Lucy, Esq., Attorney
Satisfied Customers: 20992
Experience: JA Mentor
Lucy, Esq. and 8 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Lucy,


I received papers today saying the above mentioned atty has filed a motion to be relieved as counsel. There is a Case Management Conference and a date for a hearing for the motion. Do I show up to both? Thank you for your help.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Attorney

    Satisfied Customers:

    935
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    935
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    551
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    417
    I provide basic personal injury advice to my clients in my own practice.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    382
    20 years experience in personal injury law - both plaintiff and defense
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    381
    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    379
    I have 30 years of legal and litigation experience.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Attorney

    Satisfied Customers:

    358
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
 
 
 
Chat Now With A Personal Injury Lawyer
Lucy, Esq.
Lucy, Esq.
396 Satisfied Customers
JA Mentor