Bartholomew

INTRODUCTION

This legal malpractice case arose after Bartholomew (plaintiff) retained Triay and his law firm (defendants) in a probate matter. Triay was the fourth law firm retained by plaintiff to represent her in this matter. Eventually, defendants made a motion to withdraw as counsel, which was granted. Plaintiff was not happy with the results of Triay’s work on her behalf and sued Triay and his firm for the work, in propria persona. The discovery process proved to be contentious, plaintiff failed to appear at a scheduled deposition, and defendants moved to compel her deposition, which motion the court granted. When the court’s order did not prompt plaintiff to make herself available for deposition, defendants moved for terminating sanctions, which the court granted. This appeal follows. We find no abuse of discretion or denial of due process and affirm.

STATEMENT OF FACTS

Plaintiff filed her complaint against defendants on January 31, 2012. The case was assigned to Judge Freedman for all purposes. Trial was scheduled for July 15, 2013.

1 Defendants countersued for attorney’s fees. The two cases were consolidated for all purposes except trial on August 10, 2012. On…