Legal Question in Legal Ethics in California

Our Attney. did not follow written instructions and submitted 'Stipulation' in A
We are Plaintiffs in Arbitration case in CA. Commercial real estate limited partnership (CA)dispute w/GP. Arbitrator requested 'Stipulation' from parties for ''Sale process'' of Property; as interim award.

Our Attny. prepared,mailed draft to opposing counsel and to us w/letter stating his 'clients have not yet reviewed, but so that he and opposing counsel can start working on it'. I wrote to our attny. I do not agree to all in 'Stipulation' but will wait for response from defendants to see what changes they have before I approve. Our Attny. submitted Stipulation without our review/approval, with opposing counsel's signature, to the Arbitr. and Arbitr. 'So Ordered'. w /minor change and 3days time limit to object; if not, deemed waived. We did not know anything about this until our attny. faxed 'Stipulation' 'So orderd' after 3 days were gone. Our attny. was specifically informed by us, in writing, not to submit ANYTHING prior to our review/ approval. He was doing fine until this. We have written to him twice, asking him how he intends to correct/inform Arbitrator, so far no response from him in last 2 weeks. How to handle, w/out fireing attny? Can we inform Arbitr.? How to avoid this in future? Our rights? Any help?

Asked on 10/15/01, 2:45 am

Ken Koury Kenneth P. Koury, Esq.

0 users found helpful

0 attorneys agreed

Re: Our Attney. did not follow written instructions and submitted 'Stipulation'

your attorney committed malpractice and would be responsible for any of your losses. he knows this which is why he is not calling you back.

Answered on 11/23/01, 3:05 am

Keywords

Match Any Match All

Country

State

Area of Law