Legal Question in Civil Litigation in California

I know its automatic Legal Malpractice for a lawyer to not move for a Trial-Setting Preference (CCP 36 et seq) when there are grounds to do so, but what if the Elderly & Poorly Disabled party does not want to exercise CCP 36? Can the lawyer follow his client's desire to not move for Preference Trial Setting?

Asked on 11/22/14, 6:11 pm

1 Answer from Attorneys

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You are mistaken that it is automatically malpractice, and yes, the client can direct the attorney to waive CCP 36.

Answered on 11/24/14, 2:15 pm

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