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Roger, Attorney
Category: Legal
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am confused on "Ex Parte" filings. We had a medical malpractice

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I am confused on "Ex Parte" filings. We had a medical malpractice suit and now our lawyer is trying to drop us, after 4 years, stating we don't have a case. We had hired him on a contingency basis. We now have to go before a Judge for an Ex Parte hearing. I have been looking up "Ex Parte" on line and all I find is in regards XXXXX XXXXX abuse and domestic violence.
What should I be aware of when I go to this hearing tomorrow. Please have some advice for me.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.

An ex parte hearing means that it is one-sided or for the benefit of one party, and usually the relief is allowed regardless of an objection from a party. In this case, the motion is ex parte because the lawyer is requesting to be relieved of his obligation to represent you. Also, these motions are generally granted as long as it will not be unreasonably detrimental to the clients.

In this case, the fact that you've been working together for 4 years is a big issue, and you certainly could tell the judge that if he's allowed out of the case, that you'll have to start over with a new lawyer. However, if you are not set for trial within the near future, and if there's a reasonable chance that a new attorney could get up to speed reasonably quick, it is likely that a judge would allow the lawyer to withdraw.

As for tomorrow, the attorney will tell the judge why he wants to withdraw, and then you would be allowed to speak and tell your side. this is when you can emphasize the length of representation and the potential hardship it would cause.

The judge certainly could order the attorney to stay in the case, but that's rare, and the more likely result is going to be that the lawyer will be allowed to withdraw and you'll be given a period of time to find a new lawyer -- probably a month or two.
Customer: replied 4 years ago.

I expected to hear something like that. We have already asked the Judge to extend us time to find legal representation and he has granted us 45 days, two or three times. Unfortunately, all the lawyers we have spoken to say there is no way they could get up to speed that quickly, not to mention that if we are being dropped by another attorney they really don't want to get involved either. Our current lawyer says that the evidence just is not there. That its hard to prove loss of vision related to a brain tumor. I disagree, it doesn't matter whats on paper, my Son is living proof.

What do I need to do to get him to see that?

These types of cases are VERY expensive for a plaintiff's lawyer as they have to hire expert witnesses - - usually doctors that charge $500-$800 hr) - - and spend much time and money developing a case, so they're not usually willing to stick their necks out on a contingency case unless they're pretty confident that they'll win or at least be able to settle to cover the costs, get you some money and him/her a decent fee as well.

Thus, in this case, if your attorney cannot find a medical professional/doctor to testify that the vision impairment your son suffers from is a result - - to a reasonable degree of medical certainty - - of the brain tumor, the it would be a tough case because medical injury/malpractice cases require expert testimony to establish a viable claim.

The best thing you could do is continue to search for a medical professional that would testify on your behalf and try to convince your attorney that you'll be able to find someone.
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