Attorney motion for resign 2 weeks before pre-trial

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Latest post Thu, Jun 5 2008 8:37 PM by JamyeP. 4 replies.
  • Thu, Jun 5 2008 2:03 PM

    Attorney motion for resign 2 weeks before pre-trial

    Attorney motion for resign 2 weeks before pre-trial
    By: Angelina60 Consumer
    Date: 6/5/2008 12:27:10 AM Member Since: 5/18/2008
    State: KY

    Facts
    1.MVA 2002-T.B.I,back,tinitis,hearing loss,more.....
    2.Files 2004
    3.Attorney will not communicate with me. Ignores me
    4.I call in another attorney to mediate between me & MY attorney. He also decides the attorney feels Im not worth communicating with because of my cognitive issues.
    TRANSLATION-it takes me three times longer to explain things and it takes the attorney longer to explain things to me.
    5.MY attorney told me that four out of five times the other side put off trial-He LIED
    6.He said three weeks before pretrial he had called witnesses-HE LIED
    8.MY attorney partner kept screaming at me. It seemed as if they wanted me to fire them but I didnt.
    7.two weeks before pre-trial I pay for a second opinion
    just as you would a Doctor. My ORIGINAL thoughts were to contract this other attorney(second opinion) to help on the case if MY attorney would agree,just as he had done with two other attorneys.
    8.MY attorney two days later put motion in to resign r*Recons differences*
    9.We go to court and my second opinion attorney made it very clear that he had not agreed to take my case but to evaluate it.
    The judge asked if anyone objected to my attorney resigning,I said I did.
    10.My attorney walk right out of there and there I was with NO attorney.
    11.Judge told me to come back either with an attorney or as to why I didnt have one.
    12.I came back with same attorney who did evaluation. He explained-he would take the case only if he had enough time to represent me fairly. The Judge said NO trial & all stayed the same.
    13. We went back again-evaluation attorney and he had motion explaining TBI and the issues,and that he does not have the legal right to the file unless he is taking case and then explained about money-something about not knowing how much money my old attorney had in it etc.....
    14.Judge said no.
    15.I asked three other attorneys & they wouldnt touch it-saying not enough time and also the Not knowing the money issue
    16Judge was mad! He said:
    We cant help it that you run your attorneyS off (only had one att)

    What did you expect him to do.You go out two weeks before trial and get another attorney! (I didnt replace my attorney,I had case evaluated which I was told & shown it was well within my rights. I hadnt a clue how much had been spent,what motions,witness-he told me nothing about my case!

    Then after yelling at me for over 25 mins for getting the evaluation he suggested two times about me representing myself? I tried to answer saying I have no law degree and a TBI and even without the TBI I couldnt.

    I got my words twisted when speaking and he screamed at me. Then told me I have alot to loose and to have an attorney the next day-pretrial.

    I cried & cried after. I knew I was treated unfairly. I had the tapes of court etc & had someone look at them. He was taking it out on me because the case kept getting postphoned which were ALSO one of my reasons. At this point I know My old attorney had screwed my case up.

    I also found out that yes a judge rules his court BUT my attorney came in two weeks before pretrial to resign & the judge let him out on the spot leaving me without an attorney. As I said no one would touch it. Now I did have one attorney say he would take 3000.00 up front to look at it. I DONT HAVE any money.

    Remember-I was sitting still & rear ended going 50mph.

    Sooooooooo I knew this judge hated me, I showed tapes to other attorneys etc and akll said judge is mad because I was messing with his docket & a TBI told him in court that he let my attorney go. I knew I would NOT have a fair trial. I cant represent myself.

    sooooooooooo I filed KRS 26A.015

    26A.020 Designation of retired justice or judge as special judge.
    (1) When, from any cause, a judge of any Circuit or District Court fails to attend, or
    being in attendance cannot properly preside in an action pending in the court, or if a
    vacancy occurs or exists in the office of circuit or district judge, the circuit clerk
    shall at once certify the facts to the Chief Justice who shall immediately designate a
    regular or retired justice or judge of the Court of Justice as special judge.
    ""If either
    party files with the circuit clerk his affidavit that the judge will not afford him a fair
    and impartial trial, or will not impartially decide an application for a change of
    venue, the circuit clerk shall at once certify the facts to the Chief Justice who shall
    immediately review the facts and determine whether to designate a regular or retired
    justice or judge of the Court of Justice as special judge. Any special judge so
    selected shall have all the powers and responsibilities of a regular judge of the court.
    (2) A retired justice or judge serving as a special judge shall be compensated as
    provided by KRS 21A.110.
    History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 5.

    I files properly. I went to pretrial I had my say which I have written above,the other side oppsed. The judge said everything stays as is.
    He then had pre-trial & would call my name & I said I object-this is against the law.
    I didnt understand anything the otherside was saying...Another time I didnt understand the motion I explained to judge I didnt understand & he said" Im not here to educate you"

    That was it except at the end he advised me to take offer from otherside.

    When I showed court tapes(by the way the tapes were evidense in asking judge to step down, along with attorney's motion to take case IF allowed the time.

    Two days later I went to Circuit clerks office & ask for copy of paper that was supposed to go to the Chief Justice *immediately*

    they said it was still on the judgs desk.
    I asked for a paper stating that. The clerk said no.

    what can I do?
    I feel violated and discriminated against.

    I am now fighting for advocates for TBI to help thru legal system so the TBI UNDERSTANDS what is going on.

    I have been a puppet on a string but NO more.

    any advise?
  • Thu, Jun 5 2008 3:57 PM In reply to

    Duplicate post

    Why would you repost the same HUGE post again after responses to the one you posted just before this one already told you it was WAY too long to wade through? From what I can gather and admittedly, I did not read the entire post, you're looking for answers these boards cannot and are not designed to provide. We can only give general legal information. You need counsel and that's all anyone can tell you.
  • Thu, Jun 5 2008 5:46 PM In reply to

    re: Duplicate post

    sorry i didnt understand. I was told by someone else to put here. Its so long because I added KRS

    sorry i wont do again
  • Thu, Jun 5 2008 5:53 PM In reply to

    re: Duplicate post

    Yoy said "You need counsel and that's all anyone can tell you."

    And I am saying I can't get counsil. I guess nobody can explain/define this KRS law?

    Do they have a page like this ----
    that will help with problems for Trumatic Brain Injury survivors, somewhere that they have patience with us and will explain things because we take longer because of cognitive issues.??????

  • Thu, Jun 5 2008 8:37 PM In reply to

    Feedback [*=*] re: Duplicate post

    KRS is short for Kentucky Revised Statutes. It's not just one law, it's all the laws of your state. They are available online through www.findlaw.com or at your legislature's website: http://lrc.state.ky.us/statrev/frontpg.htm
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