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Old 06-28-2009, 08:36 PM
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Brokenwings Brokenwings is offline
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Join Date: Feb 2007
Location: Learning to Spread my Brokenwings
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15 yr Member
Brokenwings Brokenwings is offline
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Join Date: Feb 2007
Location: Learning to Spread my Brokenwings
Posts: 169
15 yr Member
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AintSo--if you are anything lime me, between the RSD, the pain and the meds, I have found that my mind does NOT :function" as it USED to--therefore, I have found it VERY helpful when contacting my atty with questions/issues, to WRITE THEM DOWN! That way, I have my "to-do list" for my atty, and I ALWAYS write down what HE says, lest I forget later!!!

The one thing that I have found, being in the legal profession and NOW, being a client, is that YOU know YOUR case MUCH BETTER than ANY attorney!! It is important to remenber that our attorneys have a LOT on their "plate" as well--deadlines, court appearances, depositions and so forth.

So, although we tend to "think" that because we DO have an atty, we can just "sit back" and let HIM do ALL the "work"! Well, I found out that this is NOT true!!!!

As a client, I have found that it is really important to find out exactly HOW your atty prefers that you contact hiom with questions, additional information, etc.

Some attormey prefer that you E--mail them with your concerns, with a follow-up fax all other "evidence" that you have concerns about...while other attys prefer that you leave a detailed mesage with their secretary. COMMUNICATION is THEY KEY to EFFECTIVE assistance from an atty, so a lot is up to you and the attorney to agree on HOW he wishes you to communicate, and what HE thinks/considers an "emergency"!!!

IF you DO consult with a new attorney to rep you, do the best you can to get EVERYTHING that can possibly can, and ORGANIZE IT!!! Again, prepare a list of your issues and concerns. Most initial consultations are ususally free, so you want to MAXIMIZE the limited amount of time you have douring the consult!

I have also found that when considereing changeing attorneys, it is best NOT to mention "red flag words" like "MALPRACTICE" or OTHER indications of negligence onb the part of your former attorney. Usually, it is best just to INITIALLY say that the COMMJUNICATION was "lacking", you couldn't "connect", or something to that effect....

If you have as much of your case-file that you can get, and other court documents and evidence etc, that you can get your hands on, and ORGANIZED, I have found that MOST attorneys WILL see the "writing on the wal" as to the INCOMPETENCE of your CURRENT attorney, without YOU being the one to have to pont it out!!!!

It is a shame that your current attorney has let you down--and to NOT show up for a COURT APPERANCE is INEXCUSABLE!!! ANd, IMHO, the Presiding Judge should NOT have gone forward woith your Hearing/case, KNOWING that your atty was NOT THERE TO REP YOU!!!! The Judge SHOULD have continued your Hearing, and SANCTIONED your attorney for failure to show, but that is just my "humble Opinion", and something that a NEW and COMPETENT attorney should address!

Aint--is is CRITICAL for you to EDUCATE yourself as MUCH AS POSSIBLE concern the Divorce laws in YOUR state!!! As they say, KNOWLEDGE IS POWER!!!!!!!!

Fortunatley, the legal system, even in Divorve Court, provides for an APPEALS PROCESS, should EITHER party believe that the Judge erred on either his/her INTERPRETATION of the law, and/or the FACTS/EVIDENCE, or "abused his discretion"...Accordingly, IF your Ruling form the Judge on your current case is NOT favorable to you, then I can NOT emphasize ENOUGH just HOW CRITICAL is is for you to either goet on the "same page " with your CURRENT attorney, OR, FIND A NEW ONE who UNDERSTANDS THE ISSUES and WILL rep you!

There are STRICT DEADLINES for filing an Appeal, a Petition for Reconsideration, or whatever your State's statutes and regulations are concerning Divorce Proceedings! IF you BLOW THE DEADLINE to APPEAL (called the "Statute of Limitations", then you are SCREWED!

As I indicated before, Mike has given you INVALUABLE suggestions, and while I do not wish to be presumptuous, I think that it would be a VERY good idea to Private Message Message Mike for some additional input!

That being said, you spuld give yourself a HUGE pat on the back for RECOGNIZING that "something is rotten in Denmark", and have INQUIRED about it here on the Forums!!! Y0ou would be AMAZED about just how MANY people just "take it for GOSPEL" and do NOT QUESTION a THING when they DO have an atty to rep them!!!!

Again, best wishes to you!!!! Get busy, get PROACTIVE and START LEARNING about the Divorce Laws in your State!!!!

Most Sincerely,
Brokenwings
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Last edited by Brokenwings; 06-28-2009 at 08:38 PM. Reason: Sorry about my typos--
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AintSoBad (06-29-2009), Dew58 (06-28-2009), fmichael (06-30-2009), loretta (06-30-2009)