It's Your Court Date, And You're Not Ready... DON'T PANIC!

People who do not normally attend Court  on a daily basis (we are excluding judges, Court staff, and retained attorneys) often show up for their hearing completely unprepared.  This includes parties who are over-prepared by presenting stacks of last-minute evidence at a hearing (sidenote:  the judge doesn't want to look at this last-minute stuff) .  Judges and Commissioners are usually sympathetic towards a party's lack of preparedness, but under the California Code and Local Rules, cannot on their own do anything about it.

But.....wait for it.....you CAN do something before the hearing goes badly.

Ask for a continuance to hire an attorney, at the beginning of your hearing.    Don't even wait for the judge to call your case, instead tell the deputy or court clerk you wish to (1) hire an attorney, and (2) continue your matter to do so.  Be humble, be polite, let the Court know you realize you needed counsel, and you are asking for one continuance to get an attorney. 

At your first hearing, it is usually that simple.  I know of one judge who makes this fact absolutely clear to the parties before a hearing, yet many do not heed the statement.  Instead, parties choose to go forward with arguments that are not on topic, and present stacks of paperwork that will not be read, considered, or accepted by the Court because it wasn't properly filed and served.  

And once that party decides to argue the case, they cannot then ask for an attorney for their matter.  They have, to non-legally phrase the act, "put their foot in the door", and have to handle the hearing by themselves.  These parties will then usually stumble on their words, or contradict themselves, or be so flustered they will simply give up and remain silent.  This can result in the Judge becoming bored, irritated, and looking for a quick solution that will not make the non-represented party happy.   

The Court will most likely grant your request for a continuance.  Why?  Because the Court knows that with counsel, your matter is more likely to (1) be settled outside of the courtroom, and (2) your attorney can streamline the process, and address the vital issues without wasting the court's time. Your local attorney knows the Courts, and knows how to present the evidence and facts properly  to fully maximize your argument.  

When you cannot handle your own matter on the very day of the hearing, don't panic!  Ask for a continuance at once to hire legal counsel.  Then call me to discuss your matter.  (951) 276-0500.