Legal Question in Civil Litigation in California

I am a defendant in a civil case, my attorney quit and we're in the discovery phase. I've had interrogatories propounded on me, however, upon examining the file, my attorney had answered the complaint incorrectly in regards to the sequence, locations, and the events that took place. How can I go about amending the answer so the interrogatories don't conflict with the answer?

ps I'm already late with the interrogatories, my lawyer didn't tell me we had them. I found them in the file and I only had two weeks to get them in.


Asked on 8/17/09, 9:31 pm

3 Answers from Attorneys

David Haddock David Haddock Legal

If your attorney quit, the opposing attorney should be understanding in giving you an extension of time to respond to the interrogatories. I think you should call and ask. I think it would be best to have your amended answer on file before you respond to the interrogatories.

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Answered on 8/17/09, 9:45 pm
George Shers Law Offices of Georges H. Shers

Mr. Haddock's advice is correct. Tell the other attorney that in order to make the responses accurate and correct, you need more time [then confirm in writing that he/she said you had until X date to respond. in the meantime, prepare on pleading paper a document entitled Amended Answer to Complaint, get opposing counsel's stipulation to file it [you probably need court permission to file it but no one will likely complain if you do not receive it. Basically,you will say that you fully incorporate the prior Answer filed Y date wlih the following changes and then state as to paragraph #Z, lines r-t, page 2 of the Answer, the following should fully replace it. Actually, what the answer says is not that important as unless you signed it under declaration of perjury [which should always be avoided] you can always say the truth that your former attorney is the one who prepared a particular answer and not you and you did not catch it when you quickly read the answer before it was filed.

Remember, they are not entitled to an answer to a question if it is compound [asks for two separate answers at the same time], you do not understand what it really is asking for, the other side had equal or better access to the information than you, etc. But you should clearly and honestly state why you are not answering all or part of the interrogatory. You also need to check to see if you have any insurance policy that might cover you partly against the suit.

Good luck.

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Answered on 8/17/09, 11:35 pm
Terry A. Nelson Nelson & Lawless

The procedures suggested by other attorneys are correct. Whether you can make good use them is another issue. You need to determine whether you are going to continue trying to pursue your case pro per using free emergency 'hints and tips', or do it right and get a replacement attorney to ensure it is done properly. If you can effectively represent yourself all the way through the various hearings and trial, so be it. Otherwise, if you are serious about getting actual legal help, feel free to contact me.

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Answered on 8/18/09, 1:47 pm


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