Legal Question in Legal Malpractice in California
lost a defamation lawsuit, when the opposing lawyer threw out my answer stating that i didn't show up for a deposition. In fact the lawyer lied in his declaration stating that I refused to come the deposition. In fact I have a recording of the lawyer telling me not to come to the deposition. The lawyer then stated that I didn't show up and he was waiting. More so he took the stand in the prove-up hearing and once again lied saying that I didn't want to settle the case and that I had not denied anything. This is recorded as well. As a matter of fact he stated that I was trying to extort his client for $1mil.
What should I do?
I need to get the Judge to hear these recordings. I want to turn this over to the bar.
I need to appeal my case, can I do an exparte to get this information in front of the Judge.
A blog wants to publish these recordings, should I.
Boy I am really saddened by the legal system.
These types of lawyers should be disbarred.
3 Answers from Attorneys
Unfortunately, not being represented by an attorney sometimes could have negative repercussions for a person involved in litigation. Once the other lawyer filed a motion to have your answer stricken, you should have responded to the motion in writing, accompanied by a declaration stating why you didn't show up for deposition and included a transcription of the phone call. Since you didn't do that, it's probably too late to do so now. You should immediately meet with an attorney who might put the case in a posture to set aside the judgment because of mistake, inadvertence or excusable neglect.
Mr. Cohen is entirely correct. I would also add that if you were as honest with the court as you have been in your question, there is no wonder why your case was thrown out. No judge in this state throws out an answer for failing to show up to one deposition. There is no way that ruling would stand on appeal, and the judge would probably be subject to discipline. As for your recordings, unless the attorney agreed to be recorded you committed a felony by making the recording. I recommend you re-think your desire to get it before the court unless you really like jail food and the company of convicts. You need a lawyer, . . . you REALLY need a lawyer.
The person who represented you in the lawsuit clearly committed malpractice.
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