Can my attorney consent without my consent?


#1

I had a hearing on 2/16 for custody modification, but the hearing was not able to be completed. I was bumped for a case from MD.

Since I traveled from FL to attend, the judge asked me for a suitable date. I chose 3/13 since I have to be in NC for criminal charges (ex’s new wife filed false charges) anyway. The judge was available that afternoon and all parties agreed they could attend.

On Wednesday afternoon last week, my attorney sent me an e-mail stating opposing counsel called wanting to continue. I immediately responded to her stating I did not agree to a continuance and listed my reasons. I stated I wanted her to file an objection the moment opposing counsel filed a motion to continue. My attorney would not take my calls and will not return my calls, so I sent an objection to the continuance to the court and opposing counsel on Friday morning (copied to my attorney).

I received no response from my attorney until 5:20 that evening. She said the continuance was granted by consent. She consented to the continuance without ever speaking to me and then did nothing when I notiifed her that I opposed the continuance.

Can she consent without even asking me and can she consent against my wishes?


#2

With regard to matters that do not finalize issues in your case, the attorney can consent to a continuance. You should find out exactly why your attorney consented to the continuance, however. There may or may not be plenty of reasons, depending on the opposing counsel’s grounds for continuance, whether your attorney was prepared, whether the judge informally let the attorneys know that he/she would not have time on the 13th, or a variety of other reasons.

You should also find out why your attorney was unable to call you for nearly 2 days given the fact that your case would have normally been scheduled for trial this week.