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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-03-2014, 10:47 AM
BessaGuy BessaGuy is offline
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Default Case Conference next week

Just wondering what my options are here...

I have my case conference scheduled for next week. Was not happy with the way my lawyer was handling my case so late last week I asked for a meeting with him and the senior partner of the firm to discuss the situation. Said lawyer sends me an email saying because of the breakdown in lawyer and client communication he was removing himself from the case and if I don't come in and sign off he will file a motion to remove himself and bill me for it. Nice eh?

So now I have no lawyer, a case conference in 6 days and wondering what to do??? Obviously I need to get a new lawyer but no time to find one. Can I attend the case conference and self-represent or should I ask for an adjourment? How do I ask for an adjournment if I do take that route?

Any suggestions appreciated.
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Old 09-03-2014, 01:30 PM
The Iceberg The Iceberg is offline
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I would self rep. Its just a cc. But if you are not prepared send an email to exs lawyer to ask for adjournment if they refuse go to court house and ask. if cant, then ask it on the day of conference with proof that you attempted the postponing much earlier. I dont think anyone would not adjourn it because you have a good reason.
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Old 09-03-2014, 02:57 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Can I attend the case conference and self-represent
It is your right to do so, if you choose.

Quote:
should I ask for an adjourment?
How comfortable are you with public speaking? Do you need things at the conference (disclosure, etc)?

Have you filed a brief?

Quote:
How do I ask for an adjournment if I do take that route?
Notify the other party as early as possible, and send in your confirmation accordingly. Note that you want an adjournment to the next available date while you retain new counsel, preferably with a time when you have a meeting with a lawyer.
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Old 09-04-2014, 06:17 AM
North of 40 North of 40 is offline
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Having had the 'opportunity' to work my through family law. I believe both of the above are correct.

You do need a brief (agenda)....

The one comment that may help you.....if you don't agree with anything at all don't sign. Essentially, it's one of the MANY steps associated with family law to
problem solve.

In retrospect, I took it seriously when I shouldn't have.


From what I witnessed, most of the dealings are between lawyers in the hallway, scrawled on notebook paper.
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  #5  
Old 09-04-2014, 07:30 AM
BessaGuy BessaGuy is offline
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Originally Posted by OrleansLawyer View Post
Have you filed a brief?
Nope. What does the brief have to say in it and is there time to file it?
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Old 09-04-2014, 12:40 PM
OrleansLawyer OrleansLawyer is offline
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What does the brief have to say in it and is there time to file it?
Your case conference brief (Form 17A) contains headings that make it evident what you should write. In brief, you are telling the court what you want and why you want it along with how that differs from what the other side wants.

The party that set the motion serves and files their brief a week before; the other party does so 4 business days before. Late filing is 2:00 p.m., two business days before, with consent of the other party.

If you are asking that question I suspect you may wish to adjourn the conference so you can prepare a brief. A poor start to a conference is to show up, say "was I supposed to do something", then wonder why the judge is annoyed at the court's time being wasted.

Yes, the pun was intended.
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Old 09-04-2014, 05:57 PM
BessaGuy BessaGuy is offline
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Done and done. Thanks for the info OrleansLawyer.

I did call my ex's lawyer and said if we are still going ahead with the case conference, I would self represent. Asked him if it's OK with him to file my brief this late and he said it was OK so I drew it up, served him and then went to the court house and filed it there. Unless my ex asks for an adjournment, we're proceeding next week.

My next questions to the forum members are...

- What should I bring to the case conference? Should I bring my journals, txt screenshots that I've printed, audio recordings, etc? Do I put everything I have on the table at this point or ???
- The major issue's are reinstating my access, making up lost time and having court ordered family councelling started. Is it realistic to have this enforced (my ex will be 100% against those three points and will not agree with any of it) or will it be put off to another time?
- OCL has been ordered and my paperwork was sent in a couple of weeks ago but I cannot comment on if my ex has submitted hers or not. I can guarantee my ex is going to say that she feels child is under undue stress around me (totally fabricated since we just went out for icecream last week, she had no problem having our child come over for hours on her birthday) and doesn't want child to come with me until OCL has completed their investigation, which will be sometime around the turn of the new year, maybe longer.
- Family councelling is strongly needed here. I have asked my ex for it and ex says nope, we're not a family, leave her alone. I have spoken to a family councellor about this and their stance is solo councelling can and most likely will do more harm than good. My ex is causing the conflict so until I either get all of us into family councelling or the OCL says she's the problem at the end of their investigation, nothing will improve and most likely will get worse.

Any input and comments appreciated!
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  #8  
Old 09-04-2014, 06:13 PM
Straittohell Straittohell is offline
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Be prepared to briefly and genuinely repent for that unfortunate picture incident, and point out that you should not be judged by one action alone. Then focus on how you want the healing to begin, just like you have already outlined. Indicate the history of access denials stretching back well before the picture incident.

Outline that you are not wanting to dictate access to your daughter, but that you want your ex to no longer insert herself into the matter, and just want to be allowed to parent.

Don't lose your temper. Don't argue with them, or the judge. Sometimes, it is better to state "As per pages 4-6, I disagree with my ex's assertions". Don't try to rehash all of your content word for word.

Keep that focus on positively moving forward.
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Old 09-04-2014, 06:15 PM
OrleansLawyer OrleansLawyer is offline
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What should I bring to the case conference?
Copies of your brief, their brief, your continuing record and an understanding of your case.

Quote:
Is it realistic to have this enforced (my ex will be 100% against those three points and will not agree with any of it) or will it be put off to another time?
The only orders that come out of a case conference are procedural (ie, disclosure) and on consent. If you don't agree, you may want to ask what the master/judge thinks of the issue should it go to a motion.

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OCL has been ordered and my paperwork was sent in a couple of weeks ago but I cannot comment on if my ex has submitted hers or not.
If OCL rejects because a party did not submit, they will say so in their letter. Cross that bridge when it happens.

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Family councelling is strongly needed here.
Can it help if ex refuses to meaningfully participate?
You could do it with yourself and the children, under court Order if necessary.
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  #10  
Old 09-04-2014, 07:49 PM
zumoff zumoff is offline
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eta:
WOW!!!!!!!!! I am a class A asshole

Last edited by mcdreamy; 09-04-2014 at 08:10 PM. Reason: eta; I tried to stay true to the original. McD
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