Navigating Court Hearings with Legal Counsel: When to Attend and When to Trust

As legal proceedings unfold, clients often wonder whether their presence is required at every court hearing when they already have legal representation. The answer isn't as straightforward as a simple "yes" or "no." In this blog, we'll delve into the intricacies of attending court hearings with your counsel by your side, shedding light on when your presence is essential and when it might not be necessary.

Do You Need to Attend Every Court Hearing?

Short Answer: No.

Long Answer: While it might seem logical to attend every court hearing, the type of hearing determines whether your presence is truly required. For instance, a Case Management Conference (CMC) primarily focuses on discussing the case's progress and setting potential trial dates. Your attendance at a CMC isn't mandatory, as your attorney can handle the procedural aspects on your behalf.

Should You Attend Court Hearings with Counsel?

Short Answer: Yes.

Long Answer: There are instances, however, where your attendance becomes pivotal. Take the example of an Informal Discovery Conference. In such hearings, your presence is necessary as it involves parties interacting with the judge to address outstanding discovery issues. Some hearings may even call for your testimony. Rest assured, your attorney is diligently safeguarding your best interests and will guide you on whether your presence is imperative. Their advice might be clear-cut – you can attend if you wish, but it's not obligatory. Conversely, they might help you prepare for the hearing, ensuring your communication with the judge is effective and coherent.

Your Right to Attend Court Proceedings:

In California state courts, you have the right to attend most court proceedings. It's important to recognize, though, that while you have access, the court can restrict it under specific circumstances.

Guidance and Best Practices:

The key to navigating court hearings lies in open communication with your legal counsel. Your attorney is your advocate, equipped to assess the significance of your attendance based on the nature of the hearing. If you're uncertain about whether to attend a particular hearing or if you want to actively engage in the litigation process, don't hesitate to consult your attorney. Their guidance will help you make informed decisions tailored to your case and your desired level of involvement.

In the realm of court hearings, the adage "knowledge is power" holds true. While you don't need to attend every hearing, it's crucial to understand the context of each one. Lean on the expertise of Tresp Law APC to guide you through this process. Your legal counsel is your partner in deciphering the intricacies of court proceedings, ensuring your interests are safeguarded every step of the way.

How to Choose an Estate Planning Attorney

The best way to choose your estate planning attorney begins with building a list of potential candidates. Factors of proximity, pricing, experience, age, and gender, as well as referrals from other attorneys or advisors, are considered. Once you feel all the potential candidates are listed, revisit each attorney on that list and research their accolades, past and current work experiences, whether they are members of a professional organization, along with their education. Certain achievements and awards cement an attorney’s credibility and reputation among their peers. Professional organization memberships reveal that the attorney cares to be advised of estate planning developments and techniques. These attorneys pay fees to be a part of these organizations. Researching an attorney’s schooling can give you insight on their education because some schools are known to produce better attorneys than others. For example, some schools require a higher GPA to get accepted. Your research should involve confirming their state bar registration status and reading their ratings and reviews. You want to make sure the attorney has authentic positive reviews and high ratings. This shows that the attorney values client relationships and their needs.

You may run into financial decisions when it comes to creating your estate plan. Although pricing is a factor to acknowledge, with an investment as important as estate planning, saving a few dollars now may cost you dearly in the future.

Our attorneys at Tresp Law, APC have the skills, legal knowledge, and experience to successfully execute your estate planning documents. We are dedicated to providing personal, responsive legal services to families and businesses throughout Southern California. Contact us today to meet with one of our exceptional attorneys.

What Can Happen When a Trust is Not Set Up Properly?

Proper trust drafting is critical to effectuate your planning goals. When a trust fails to meet the legal requirements of the state laws that govern the document, it fails. If your trust fails, your estate will go through probate, with significant cost and delay.

At a minimum, a trust should list trustees, lay out your distribution plan, and ensure your wishes are carried out after your passing. To avoid error, it is important to seek an attorney who will properly draft your documents.

Tresp Law, APC, has extensive experience with administration, trust drafting, and litigation. As an accomplished litigator, experienced trust administrator, and tax attorney with a Master of Laws in Taxation, Elizabeth A. Tresp, JD, LL.M. and her team are uniquely qualified to identify the best approach for your particular need.