Lawyers and Subpoenas?

[rizoroo77]

I have a lawyer who called me on the phone today and said do you know you need to be in court on this coming Monday. I said no I had no idea I never received anything in the mail from my lawyer or from the people that are taking me to court. Nor no one has been to my house to deliver anything either. I talked to the place that is suing me but couldn't get a hold of their lawyer to figure out what was going on or what has been said yet. She did look at the bill they received from their lawyers and on their bill they said they talked to my lawyer several times in the month of May. My lawyer has never said a thing to me about what was going on until today. Now I obviously know my lawyer isn't doing his job. However with that said do they send a subpoena to appear in court just to your attorney if they know who it is or should they not send me one also? Not to mention my lawyer informed me he can't go to court with me on Monday because he has a trial with another client. Now is he doing something against the law since he wont' go with me to court? Can he get in trouble for not going? And also shouldn't it he be trying to change the court date to a day where he can go with me. Or better yet trying to do something that we won't even have to go to court and settle out of court? I'm at a loss. This guy is making me do all the leg work on other things too.
Ok the lawyer got something sent to him. He didn't say if it was a subpoena or just a letter. Now should I as the actual defendent get the subpoena not my lawyer?
Hawkeye...the lawyer isn't going with me. He says he is busy and wont' go I should go on my own.
Also I never knew that the business had any intentions of taking legal action. They contacted my lawyer about it with my knowledge and my lawyer was hired for something different not this paticular problem.
That was supposed to be without my knowledge. He was hired for something else. But the business contacted him in regards to this matter which is completely seperate.

 

[HawkEye]

You should have been served with a subpoena. The point is to let you know the date and time of your hearing. In most jurisdictions, once the case is established, their attorney can serve a subpoena via U.S. mail.... and there is NOT that much notice required. Here I believe it is 3 days notice. Also, lawyer sometimes agree amongst themselves to dispense with some formalities.... and frankly being told WHEN your hearing is is a mere formality.

If it is a hearing requested by YOUR attorney.... then no subpoena is needed your attorney should simply call you up... and tell you he scheduled a hearing. Obviously.... he should have cleared the date with you in advance... and here obviously he did not.

BUT: I totally disagree with the blanket assumption he isn't doing his job. Your question states that your lawyer talked to the opposing attorney "several times" last month (which would be the most recent bill sent) then it appears he is negotiating on your behalf.... and scheduling motions hearings and the like (which is scheduled for next Monday).

What your attorney is obviously NOT doing enough of for your taste is communicating with you.

What you have to also understand is that it is a FINE line that attorney's walk with individual clients.... which is that you are being billed at $200/hour or more to talk. Some clients don't care...and want to be in on every mundane detail despite the cost. Others are willing to trust the lawyer... who HAS to consult with you for MAJOR decisions about your case.

If you go to court Monday and it appears your lawyer hardly knows what is going on at the hearing... then fire him. If he does well... be glad that he didn't charge more.

One thing is CERTAIN.... if you change lawyers on Thursday or Friday for a Monday hearing.... your lawyer DEFINITELY will not know what is going on.

 

[Nonaht]

You have several issues here, none of which are clear (other than you need a new lawyer).

IF you are being sued, you MUST be served with legal process to start the ball rolling. If this was never done, or was done improperly (ie., the sheriff served the wrong person and didn't realize it, or the sherriff threw the subpoena away and just *said* he served you [commonly known as "Sewer Service"], your lawyer needs to notify the court that there is no jurisdiction established, and get things set straight. But the very first thing you need to do is get a new lawyer:FAST!