Rule 166a Summary Jugment
Motion and Proceedings Thereon.
The motion for summary judgment shall state the specific grounds therefor. Except on leave of court, with notice to opposing counsel, the motion and any supporting affidavits shall be filed and served at least twenty-one days before the time specified for hearing. Except on leave of court, the adverse party, not later than seven days prior to the day of hearing may file and serve opposing affidavits or other written response. No oral testimony shall be received at the hearing. The judgment sought shall be rendered forthwith if (i) the deposition transcripts, interrogatory answers, and other discovery responses referenced or set forth in the motion or response, and (ii) the pleadings, admissions, affidavits, stipulations of the parties, and authenticated or certified public records, if any, on file at the time of the hearing, or filed thereafter and before judgment with permission of the court, show that, except as to the amount of damages, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the issues expressly set out in the motion or in an answer or any other response. Issues not expressly presented to the trial court by written motion, answer or other response shall not be considered on appeal as grounds for reversal. A summary judgment may be based on uncontroverted testimonial evidence of an interested witness, or of an expert witness as to subject matter concerning which the trier of fact must be guided solely by the opinion testimony of experts, if the evidence is clear, positive and direct, otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted.
Sounds like a hearing to me. Your attorney obviously agreed to handle this for you from what you posted. Unfortunately, he dropped the ball. The SJ was probably granted absent objection.
BK attorneys don't always know how to defend a credit card case. This guy sounds like one of them. AA had asked for a continuance. For what? Lawyers only ask for continuances when they are expected to go to court. You know, like for maybe a hearing?
Normally you ask the court for a continuance, not opposing counsel. These snakes have no problem lying to get what they want. Maybe AA threw the continuance at him and never filed for one. Then the hearing comes up, he doesn't go, and bingo, you get a 12K judgment.
Now comes the hard part; you can sue for malpractice, but you would have to prove a "case within a case" and show that absent his lack of diligence, the outcome would have been different. In other words, you'd have to prove that you could have beaten the plaintiff. Good luck with that one. If you can't do that, you have no damages.
Malpractice suits typically require an expert witness to explain the standard of care to the jury, and how it was breached. They get $500 per hour, if you can find one. You can argue that if the conduct is so egregious that any lay person can understand it, and you may get this part waived. No action at all is a lock.
Now the other hard part.....you have a fee agreement, does it state he will defend you in this case? Unless it does or he entered an appearance, this won't go far. Especially if you take option two, which is a bar complaint.
First thing you have to establish is the attorney-client relationship for the case in question. They go by the documents. Without the above, they'll dismiss your complaint. He can simply claim that he verbally agreed to represent you but you never followed through.
This could be very difficult to resolve. Taking on attorneys in court or in a bar complaint is not for the new user, if you get my meaning. I've done or helped with 3 so far and won them all. "It ain't easy." Maybe you could convince him to give you a refund or help you get the case reopened.