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First, breathe. These things happen. The Court is not going to sanction you for missing a single Court date. Just be honest, don’t make excuses, and take accountability. Apologize that it wasn’t calendared and explain that you’re not sure if you left the conference understanding that you were required to appear for the next date since it was related to OC’s withdrawal. Acknowledges that’s YOUR fault and you should have clarified with the Court if you were unsure, and apologize for any inconvenience to the Court. As long as you go in apologetic, they’re not going to sanction you. As for the rest, if you’re finding that you’re too stretched thin with this job both work/life balance wise and financially then absolutely start looking for something else that’s the right fit. My advice on that is never jump FROM something, make sure you’re jumping TO something. Don’t just take the first job that gives you an offer just bc you want to leave your current firm. It sounds like this one that you have in the works might not be the right fit, so if that’s the case, don’t make a move out of desperation because you’ll find yourself right back in the same hole a year from now. Good luck!
Continued: I was on vacation when the continued date came on and no one appeared. I wouldn’t have even if home because it wasn’t in the calendar. We have a small firm (principal + two associates, I’m one of the associated and I am 1.5 years in). I’ve been noticed for an OSC to show cause why I didn’t appear. If the court doesn’t like my reason, which my boss said was an inadvertent scheduling mistake because maybe he thought it was just on OC’s motion (and I don’t have record of our communication on the continued date) and I say that it was an inadvertent scheduling error where we mistakenly thought it was just on the motion, should I plan to get sanctioned ? I am dropping the ball with fatigue and not being able to keep up with bills. What’s more, there has been a bar complaint submitted against me in CA and my employer has had to hire counsel on my behalf. The complaint was without merit and we’ve provided a writing to the bar demonstrating that I didn’t communicate the things alleged (the opposite, in fact), but if I get sanctioned personally 1) I can’t afford it, 2) I feel like this is the result of being overworked/underpaid/momming to 4/ADHD/a lot of extended family stress. I’d like to work somewhere else for more pay and even slightly less hours (and I am working with a recruiter on an open position, but there are some challenging logistical aspects on it) but I’m afraid of first a) being sanctioned and not being able to afford to pay it, b) the bar complaint going further (even though logically it should not) and hampering my ability to get new employment, c) being fired. Sometimes I think this job is going to kill me. I’ve screwed up on one other hearing date before, too, but I don’t think I was blamed for it by my employer even though it was my fault. Financial stress and extended family stress is killing me.
Breathe breathe. This will be okay. You aren’t the first attorney who has missed a court hearing. You will not be the last one, either.
Agree with Counsel 1. I would also add be prepared to show what you have done to ensure you won’t miss another hearing in the future (it’s the last part of the apology and shows accountability). Hang in there.