What is the current state of the law on advising counsel in a personal injury action?

California, United States of America


The following excerpt is from People v. Pickett, 128 Cal.App.3d Supp. 11, 181 Cal.Rptr. 97 (Cal. Super. 1981):

The Kathy P court specifically held, citing People v. Prince, supra, 55 Cal.App.3d Supp. 19, 127 Cal.Rptr. 296, that due process does not require advisement of the right to appear by retained counsel when there was no special circumstances making omission of the advice unreasonable, and also held that the party appealing from an infraction must show prejudicial error (In Re Kathy P, supra, 25 Cal.3d 91, 103, 157 Cal.Rptr. 874, 599 P.2d 65). Although People v. Miner, supra, 68 Cal.App.3d Supp. 1, 132 Cal.Rptr. 149, was not specifically disapproved, the language of the opinion indicates that it was at odds with what had been said in Mills (In Re Kathy P, supra, 25 Cal.3d 91, 98, fn. 7, 157 Cal.Rptr. 874, 599 P.2d 65).

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