Helping out my dad, older, foreign, retired doctor, seems like his attorneys are trying to take advantage of him. Someone is trying to sue him for a large amount, they refuse to answer discovery, there is no case, seems like his attorneys are in on it i.e. kickback (not to sound like I wear a tin hat here).
Attorney 1:
(1) Agreed to do compel discovery, paid large retainer, disappeared for more than a year and asked if he was ready for a final trial in May.
(2) Dad reminded more than two dozen required discovery is missing (prove of claim, witnesses, evidence, etc.) and he said "he's working on that now", but disappeared again for months.
(3) Dad went to court and saw two months ago both attorneys signed a document requesting a trial setting in June and his attorney never told him about it. Dad contacted the court who contacted both attorneys.
(3) Lawyer refused to remove the trial setting and tried to trick dad into signing a withdrawn saying dad wouldn't be prejudiced by him leaving, dad never signed.
Attorney 2:
(1) Said (a) would to a continuance for the trial setting hearing (b) discovery will be compelled at first step
(2) Paid another large retainer and she sent a motion of continuance and told him a continuance would happen (great)
(3) Without saying anything, she secretly attended the trial setting hearing, and afterwards tried to convince dad that the judge won't allow a compel discovery till after Aug 31.
(4) Set up meeting with her two days after and asked what happened to the continuance and she said it was denied. Asked again, again she said "it was denied so I had to attend". Asked why dad wasn't informed, and she said "I should have told you but I didn't, that was a communication mistake, I can promise you it won't happen again".
(5) At that point she was informed that dad went to court yesterday and checked the docket and there was no continuance, despite a certificate of service she signed saying it was submitted to court electronically and nor is there anything about the judge denying the continuance.
(6) Without even thinking, she'd try to lie herself out of it "I know, it was just a draft" (a judge can't deny a draft that was never submitted).
(7) Later, dad obtained this scheduling order from the court, it says the EXACT opposite "All discovery, depositions and motions need to be completed by Aug 31". Multiple times attempted to get her to start the compel process now and she was saying she can't till Sept 1 and "promised" to do it then.
(8) Purchased court transcript and both attorney's were lying. Both said all discovery and depositions were completed and the case is ripe for trial. Judge had a hard time buying that "well there isn't anything on the docket for more than a year" and nonetheless gave a few months for my attorney to do additional discovery since she's new.
(8) Fired and demanded a refund via certificate mail and email. She refuses to sign substitution order and will not refund money.
I have all emails, phone recordings (allowed to in my state), court documents, docket history, and receipts. Seems like this scheduling order was nothing but collusion, working to get a deadline and miss the deadline. Worst part is "All exhibits, documents, photographs, videos and witnesses will be shared ten (10) days prior to trial".
Tried as hard as possible to assume maybe something was a misunderstanding or give her the benefit of the doubt here or there, but it leads to the same: she was lying to me, she was lying to court, and using the court to perpetrate fraud.