What happens with adjournment wihtout consent? 5 Answers as of May 21, 2012
I have had a personal injury case in progress since 2008, and was awarded 550,000.00 against one of the two Defendants. I was supposed to go to trial against the second Defendant for fraud and concealment of assets on April 23, 2012, only to receive a letter from my attorney that it had been "Adjourned", after a week of unanswered phone calls and emails, I found out today that my attorney dropped the case, and adjourned everything, without my permission, or knowledge. Can he do that, can I refile, is there anything I can do to correct this? I am in the process of trying to collect on the 550,000.00 (because my attorney wanted to play golf, and didn't have time to spend on my case, it allowed them time to hide assets). I have since taken it upon myself to find a collection attorney, and dig up documentation of assets. The second Defendant had to pay 10,000.00, in 2011, in a separate action, but the attorney kept all that money with the exception of 1200.00, which he so kindly dained to give me after I balked at his first plan to keep it all.Ask a Local Attorney. 100% Anonymous. Free Answers.
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Free Case Evaluation by a Local Lawyer: Click hereLaw Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Go to a lawyer and file a motion to reinstate the case. It has probably been dismissed by this time.
Answer Applies to: Michigan
Replied: 5/21/2012
Dunnings Law Firm | Steven Dunnings
It may be too late to refile. You might want to file a grievance against your former attorney with the Michigan State Bar Attorney Grievance Commission.
Answer Applies to: Michigan
Replied: 5/17/2012
Klisz Law Office, PLLC | Timothy J. Klisz
Adjournment is a delay to a later date, not a dismissal. Therefore, your case should still be alive and you will have a new date. A new attorney sounds in order.
Answer Applies to: Michigan
Replied: 5/17/2012
The Gardner Law Firm, PLC | Brandon Gardner
Generally, attorneys adjourn matters for numerous reasons so that in and of itself is not out of the ordinary. But, considering the circumstances, should contact the State Bar of Michigan about the attorney's conduct. If there is a dispute in fees, the attorney must keep the disputed amount in a trust account and return any undisputed amount to the client. The attorney could also have committed malpractice for failing to recover the money in time to collect on the defendant and could be liable to you for the loss. If he has malpractice insurance, that could cover the claim.
Answer Applies to: Michigan
Replied: 5/17/2012
Kelly Nigohosian | Kelly Nigohosian
Actually, a quick note. I think the attorney has the authority in Michigan to adjourn cases without the clients consent under the Michigan Rules of Professional Conduct. That is one of the few things an attorney can do without consent of the client.
Answer Applies to: Michigan
Replied: 5/17/2012






