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Due to miscommunication and fees paid an hour(!) late my counsel has advised he can no longer act for me at the final hearing scheduled for Wednesday!
We were to prepare position statement today (there were reasons for the last minute) and him represent me at the hearing but now I am left without counsel for the most important hearing!
I have written to ask to adjourn, is this a possibility on the basis of such a situation? There is no way I could handle a whole days full final hearing, I readily admit that and are aware of that. It would be a lost case against the other party's senior counsel.
If I attend can the court 'force' me as it were to represent my self and proceed with the hearing? It can not possibly be a fair trial in that sense is how I feel, but would the court view it that way?
Can the other party ask that I pay for her counsel costs in this situation?
I dont even know if I could deal with preparing my position statement on my own given the pressure and anxiety I am now feeling.
Really getting stressed now..
Any thoughts would be much appreciated..
There is no guarantee a court will adjourn, but in my experience, I would say that you stand a reasonable chance of getting an adjournment if you have found yourself self repping this close to the hearing - you wouldn't really be getting a fair hearing as you haven't had chance to prepare as a litigant in person.
If the other side agrees, it should be quite straight forward. If they don't, it will be the judge's call.
I wouldn't delay and would get something in writing to the other side first thing tomorrow asking them to agree and letting them know you are contacting the court. You might have more success if you go to the court in person first thing tomorrow. There are no guarantees at all & the court may turn you away but if you email or write, you have little chance of a judge considering the matter until you are actually stood before them.
The other thing you could try is getting a direct access barrister tomorrow that can attend with you on Weds
I'm sorry this has happened, I can imagine how stressed out you feel!
Have you had a response from the court? If not I would certainly ring round and try and get a replacement barrister, it's possible and I believe there are direct access barrister websites you can try.
You could also try contacting local chambers to see if they have any availability too.
Even if you have to self represent, the court should make allowances for the lack of preparation time that you've had, certainly explain that to the court if you have to go ahead.
You could also check y see if there's a Personal Support Unit at the court, if there is, they can offer you some support and if available can provide someone to sit in the courtroom with you for support.
All the best
Thank you for your replies.
I am at court at the moment waiting to see a district judge to request that hearing is adjourned.
Much as I would like for all this litigation to conclude I just wouldnβt be a fair hearing given that my counsel was going to assist in preparing but most importantly represent me at the final hearing, cross examine etc..
I feel I would mess it up and it is important as a final hearing that I do not.
I must have contacted over 10 chambers yesterday and today but could not find a single available direct access counsel at such short notice.
I will let you know if itβs granted.
Thanks again
Could not see judge today... will have to request to adjourn at the hearing tomorrow.
Doh!
How did it go Chapter?
I secured the adjournment which was very helpful.
I can now seek counsel and prepare properly and have him/her act for me on the day.
π
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