Lawyers frequently gripe that their clients seek their assistance way too late. I find myself in this position often. I recently had clients come to me after the time to file a response to the complaint they were served with had already expired. To make matters worse, they came to me after the plaintiffs provided them with notice they were running into court on an emergency basis to get an order against them. My clients failed to attend the hearing, had no idea what happened at the hearing, and sought legal representation days later.
Fortunately for them, the ex parte application was denied and the plaintiffs had not tried to take their default. So I was able to file an answer and now we can participate in the lawsuit. My clients were rather fortunate.
I had a consultation earlier this week with two persons entering into a business venture together who wanted to make sure that they had an agreement in writing formalizing the business arrangement they wanted. They were friends. It was refreshing for me that they were committed to doing things right. That is… they were seeking an attorney’s help to fix things, even before they got broke.
There are many war stories out there of clients who go to see their lawyers too late and the results can be catastrophic. I had a client a number of years ago that did not timely file an answer to a complaint. His default was taken and judgment was entered against him. I filed a motion to vacate the client’s default. The other side actually apologized to me for not agreeing to vacate the default. Motions to vacate are routinely granted and we both believed that my client’s motion would be granted. The lawyer’s client refused to vacate the default and we both thought that I would prevail on the motion. I should have prevailed. My client had a reasonable excuse for failing to timely answer. The Court showed no mercy on my client and refused to vacate his default. Had that client sought my counsel before his response was due, the result would most likely have been very different. My point: get it fixed before it becomes broken.
For all of your business and family law needs, contact the Marcus Law Firm at 661-257-8877.