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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Georgia state court question: I currently live out of state,

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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.

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