QUESTION
Can I get a new trial due to attorney misconduct?
Asked on Oct 30th, 2012 on Divorce - California
More details to this question:
I have ongoing medical problems caused by domestic violence. My lawyer said he had submitted these to the court last month and I was to receive medical insurance and compensation. Due to domestic violence I lost my hearing and don't understand what is said in court. I just learned he did not request medical insurance or compensation and allowed another bogus valuation by the forensic accountant who is under investigation by the board for his actions in my case, so that I receive no alimony either. The judge is angry with me because the accountant caused 9 continuances and will not allow any more. I never knew about these. No discovery was ever done. Can I get a new trial, or what can I do? Thanks.
5 ANSWERS
You are best off suing your attorney for malpractice, getting a new divorce attorney and pursuing an appeal from the trial judge's ruling or asking the trial judge for a new trial based on the malpractice of your former counsel.
Answered on Nov 02nd, 2012 at 7:35 PM
Dennis P. Mikko
it appears that you need a new attorney who can advise you of what actions can be taken at this time.
Answered on Nov 02nd, 2012 at 1:41 AM
I don't know enough to say whether or not you can get a new trial, HOWEVER, you can discuss your situation with a Legal Malpractice Attorney to see if you have a case against your attorney.
Answered on Nov 01st, 2012 at 4:49 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Only the judge who heard your case or an appeals court (if it is not too late to file an appeal) can decide whether your attorney's conduct (or misconduct in your view) justifies granting a new trial. That decision will have to be based on all the relevant facts and will depend largely on whether you can show the judge that he would have probably done something different if you attorney had done what you say he failed to do. You obviously can present your arguments as to how you have been harmed by your lawyer's misconduct, but it isn't possible in this forum to predict what the judge will do.
Answered on Nov 01st, 2012 at 2:23 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You should see an appellate attorney to see whether you can appeal the decision - don't wait, there are strict deadlines, typically 30 days after the record.
Answered on Nov 01st, 2012 at 2:22 AM