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As with any service you buy,
Submitted by DakotaLegal on
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As with any service you buy,
Submitted by DakotaLegal on
As with any service you buy, you have certain basic rights. There are, though, some unusual problems with “buying” legal services, compared to other services you purchase. For example, your lawyer is actually paid to use their judgement…though you may disagree with their advice or opinion, and even be more right about the case. Which gets to one of the first important things to consider: is this your case, or a partner, relative, spouse or friend? Many times, what we see looking in from the outside is not accurate. This can be true (even painfully true) when dealing with someone you love, who cannot or will not honestly tell you everything about what has happened. They may blame the lawyer instead of admitting their own problems.
Because of this lawyer’s apparently poor communication, you apparently don’t know whether the father is willing to give you most of what you want. Keep in mind: unless the husband is a danger to the child or you, the court will want contact between them. If you have safety concerns, you should be sure the lawyer is aware of these risks and advocating for you and the child. http://www.attys.org/Florida-women-shelters.html If you are opposed to any contact by the father, this may be the point of disagreement you have with the lawyer. In other words, the law or the facts may not be on your side.
The biggest problem you may have with this lawyer is: how much time do you have before a custody trial? In other words, are you stuck with the lawyer. There are some emergency services available through Florida’s courts system, including some low-cost paralegal help. http://www.flcourts.org/gen_public/family/self_help/index.shtml/
Having said that, let’s talk about some things to do, based on the assumption this is your case, involving your husband and child. The focus here has to stay squarely on how well the attorney is doing their job. To begin with, it is safe to say they are NOT succeeding in winning your confidence. Whatever complaints you have, make the complaint in writing. Do it sooner rather than later. But in making your complaint, avoid being confrontational. Try using four or five major points. Based on your complaint above, for example, you can say something like “I’d like an accounting of the time and costs you have in my case up to this point. Can you give me an itemized bill showing how much of the $4,000 retainer you have used?” You might be surprised to find out they have not spent much time on the case so far. This can be a good thing, as they simply wait out the father. On the other hand, it is possible that your money has been misused. Worse than just losing cash, this might even mean the lawyer is slowly losing your custody case.
Getting a detailed bill from your lawyer will also help you decide what you need to do next. If you believe your money has essentially been wasted, you should immediately ask for a complete refund from the lawyer. At the same time, begin to prepare a complaint to the Florida State Attorney disciplinary board. If you do not get an adequate refund, tell the lawyer your next step is to file a complaint with the Florida Bar Association. http://www.floridabar.org/TFB/TFBResources.nsf/0/AB230E7DCCC3B75385256B2...$FILE/Inquiry%20Complaint%20Form.pdf?OpenElement
Florida has passed laws to encourage family ties. Sometimes, this may seem very unfair to the aprent who has carried the burden alone for years. Depending on the child’s age and family life, a court should look at what’s in the best interests of the child. The important role of your lawyer has to be this same focus: and it must be conveyed to your satisfaction. It’s too easy for the system to lose sight of the child’s best interests, when you have a conflict with a lawyer who won’t communicate with you. For example, there may have been many, many personal disputes between the spouses. If you are afraid of the father, you may need extra legal protection. Florida Legal Services DV Legal Hotline 2425 Torreya Drive Tallahassee, FL 32303 Hotline: 1-800-500-1119 ext 3.
Courts will still want to get the focus back on the child and not the parents’ animosity. In this case, you suggested the father has not “been there” for reasons of military service. Courts will consider this factor and try to avoid penalizing the father for military service. Courts will also look carefully at any possibility the father wanted to see the child, and whether you interfered with that or made it difficult to see the child. Again, this can be very difficult to admit, since you may feel as though the father is a stranger.
In terms of talking with your lawyer, whom you say “wants to give the father everything he asks,” you need to clear the air on these points.
Focusing on what you are getting for your money, asking for a detailed bill, and trying to clear the air, you will be able to shift at least some of your worry onto the lawyer. That’s another thing you are paying an attorney for.
In order to assist you, I
Submitted by RJasondeGroot on
In order to assist you, I would have to know a lot more than you have written here. I may come to the same conclusion that the attoney has, but then I may not. I would have to know all of the relevant facts to be able to make decisions regarding what to do in your case. I think the best thing for someone in your position to do, is to set up a conference with another attorney and have a full discussion. On many, many times in the past someone has come to me thinking that their attorney is doing them wrong, only to find out that I think the attorney is doing the right things for them.
As with any service you buy, you have certain basic rights. There are, though, some unusual problems with “buying” legal services, compared to other services you purchase. For example, your lawyer is actually paid to use their judgement…though you may disagree with their advice or opinion, and even be more right about the case. Which gets to one of the first important things to consider: is this your case, or a partner, relative, spouse or friend? Many times, what we see looking in from the outside is not accurate. This can be true (even painfully true) when dealing with someone you love, who cannot or will not honestly tell you everything about what has happened. They may blame the lawyer instead of admitting their own problems.
Because of this lawyer’s apparently poor communication, you apparently don’t know whether the father is willing to give you most of what you want. Keep in mind: unless the husband is a danger to the child or you, the court will want contact between them. If you have safety concerns, you should be sure the lawyer is aware of these risks and advocating for you and the child. http://www.attys.org/Florida-women-shelters.html If you are opposed to any contact by the father, this may be the point of disagreement you have with the lawyer. In other words, the law or the facts may not be on your side.
The biggest problem you may have with this lawyer is: how much time do you have before a custody trial? In other words, are you stuck with the lawyer. There are some emergency services available through Florida’s courts system, including some low-cost paralegal help. http://www.flcourts.org/gen_public/family/self_help/index.shtml/
Having said that, let’s talk about some things to do, based on the assumption this is your case, involving your husband and child. The focus here has to stay squarely on how well the attorney is doing their job. To begin with, it is safe to say they are NOT succeeding in winning your confidence. Whatever complaints you have, make the complaint in writing. Do it sooner rather than later. But in making your complaint, avoid being confrontational. Try using four or five major points. Based on your complaint above, for example, you can say something like “I’d like an accounting of the time and costs you have in my case up to this point. Can you give me an itemized bill showing how much of the $4,000 retainer you have used?” You might be surprised to find out they have not spent much time on the case so far. This can be a good thing, as they simply wait out the father. On the other hand, it is possible that your money has been misused. Worse than just losing cash, this might even mean the lawyer is slowly losing your custody case.
Getting a detailed bill from your lawyer will also help you decide what you need to do next. If you believe your money has essentially been wasted, you should immediately ask for a complete refund from the lawyer. At the same time, begin to prepare a complaint to the Florida State Attorney disciplinary board. If you do not get an adequate refund, tell the lawyer your next step is to file a complaint with the Florida Bar Association. http://www.floridabar.org/TFB/TFBResources.nsf/0/AB230E7DCCC3B75385256B2...$FILE/Inquiry%20Complaint%20Form.pdf?OpenElement
Florida has passed laws to encourage family ties. Sometimes, this may seem very unfair to the aprent who has carried the burden alone for years. Depending on the child’s age and family life, a court should look at what’s in the best interests of the child. The important role of your lawyer has to be this same focus: and it must be conveyed to your satisfaction. It’s too easy for the system to lose sight of the child’s best interests, when you have a conflict with a lawyer who won’t communicate with you. For example, there may have been many, many personal disputes between the spouses. If you are afraid of the father, you may need extra legal protection. Florida Legal Services DV Legal Hotline 2425 Torreya Drive Tallahassee, FL 32303 Hotline: 1-800-500-1119 ext 3.
Courts will still want to get the focus back on the child and not the parents’ animosity. In this case, you suggested the father has not “been there” for reasons of military service. Courts will consider this factor and try to avoid penalizing the father for military service. Courts will also look carefully at any possibility the father wanted to see the child, and whether you interfered with that or made it difficult to see the child. Again, this can be very difficult to admit, since you may feel as though the father is a stranger.
In terms of talking with your lawyer, whom you say “wants to give the father everything he asks,” you need to clear the air on these points.
Focusing on what you are getting for your money, asking for a detailed bill, and trying to clear the air, you will be able to shift at least some of your worry onto the lawyer. That’s another thing you are paying an attorney for.