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I have a deposition coming up this Friday that I had agreed

to in advance. Unfortunately, I'm...
I have a deposition coming up this Friday that I had agreed to in advance. Unfortunately, I'm finding that my lawyer is not adequately representing me and want to find another one. How can I reschedule this? Part of the problem is that I've asked the lawyer to reschedule and he has basically refused. I am about to write him an email saying that I am seeking to transfer my case to someone else. I assume that means he will not have the deposition rescheduled since I'll be firing him. What can I do? Can I contact the opposing counsel myself? What options do I have? I basically CANNOT continue with this lawyer. He and his team have been completely incompetent. I live in California. Thank you.
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Answered in 3 minutes by:
7/17/2013
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,526
Experience: 30 years in civil, probate, real estate, elder law
Verified

RayAnswers :

Thanks for your question and good evening.You would want to send the lawyer a termination letter here.You can contact the lawyer for the other side offering to fax him a copy of the termination letter and asking to reschedule the deposition after you obtain a new lawyer.I would also take the step here of writing the court/judge setting out that you terminated the lawyer by attached letter, are seeking new representation and that you have attempted to reschedule the deposition with the other party.

RayAnswers :

This protects you from the judge and any claim that you are dodging the deposition.It is always a good idea to make a good paper trail in such a situation.

RayAnswers :

You also need to demand your full client files back from the lawyer.You are entitled to those as well.

RayAnswers :

You can locate a new lawyer here through the California State Bar.

Customer:

Thank you very much. So you don't think this will jeopardize my case?

RayAnswers :

By doing this you can show the court you have a legitimate reason to reschedule the deposition here.Ask for 45 days or so.

Customer:

Thank you so much. I feel a lot better about this. I've basically become very distressed by their handling of my case and their staff is rude on top of it.

RayAnswers :

No if necessary you can ask for a continuance here of the case as well if there is a trial setting.

Customer:

The trial date is scheduled for sometime in November.

RayAnswers :

I am so sorry that you are having to go through all of this.I wish you the best here.

RayAnswers :

If you can leave a positive rating it is much appreciated.Thanks again.

RayAnswers :

And your new lawyer can get the November date continued if necessary.

Customer:

No problem. Just one last question... do you think I should request a continuance if the trial is set in November or woill it be alright if it's so far away?

RayAnswers :

It wouldn't hurt to ask here.You can write the judge asking for a continuance here of 45 days or so to allow you to obtain new counsel and for them to get up to speed.

RayAnswers :

More time will benefit you to allow for change.

RayAnswers :

Thanks again and good luck with all of this.A change of direction may well be in your best interest.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



 



This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Customer:

I'm sorry.. how would I go about asking for a continuance?

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,526
Experience: 30 years in civil, probate, real estate, elder law
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No problem, contact the court and get an address for the judge.You can write the judge here enclosing the letter terminating the lawyer and asking for a continuance of your case so that you may obtain new counsel here.Ask for say 45 days to allow you to locate a new lawyer and he can get up to speed here.

Honorable Judge Bill Jones
Address

Case No.12345

Dear Judge Jones,

I am asking for a continuance in the above referenced case from the November setting.I have had to change lawyers here and am asking for a continuance of 45 days so that I may obtain new counsel and they may have the chance to prepare my case for trial.I am asking for such a continuance not to delay the proceedings but that I have the chance to obtain proper representation on my behalf.I am enclosing a motion for continuance in this matter.

Sincerely Yours,



Something like this feel free to modify it to your facts and situation.


Thanks again.

 

Here is the motion that goes with the letter.

 

Ask Your Own Legal Question
Here is the California Rule of Procedure for Continuances.


http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1332

Thanks again.
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Ray
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