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  • STBX lawyer removing himself

    Our ex's lawyer has filed a motion to remove their firm from his case. We have a scheduled motion date on Feb 12th. How do we proceed if their motion to withdraw has not been heard?

  • #2
    Adjournment will likely be sought by the other side giving them time to get new counsel. Nothing much you can do but wait it out. My ex has done this frequently. He used the "finding a new lawyer" as an effective stalling tactic.

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    • #3
      Our ex's lawyer has filed a motion to remove their firm from his case. We have a scheduled motion date on Feb 12th. How do we proceed if their motion to withdraw has not been heard?
      I am not sure what is being said here... Do you mean the opposing party's lawyer is removing himself from the record? Because typically that is done via Form 4 for change of representation.

      I have seen a few things happen in this situation. Like Arabian said, they can sometimes get a new court date. However, you could try to plan ahead and write to the other party and ask if this is their plan and provide the tentative dates for the motion to take place (call the court house and ask). Perhaps you could push the envelope a little further and say that if you haven't heard from them in five business days that you will assume that they do not require an adjournment?

      I'm thinking if you do that above you could plan ahead and not take a day off to be in court and spend the money for your lawyer to show up (if you have one) if you know that they will ask for an adjournment anyhow. Not ideal, but the lesser of two evils?

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      • #4
        I can say that the stall tactic is used all the time - many have expressed their exasperations and frustrations over wanting to get this over. In my parents case many years ago it was done to unsettle my mother for her to just cave in - good woman held her ground with lots of support from family and her closest friends.

        Part of the game is the "force the other party to take off time from work - usually costing them money on top of insult.... IMHO it is part of the broken system that judges just allow it to happen over and over in some cases.

        Move forward some 30+ years.... It is no different today as in my own case, the last appearance that I attended (the last two my lawyers specifically had me stay away). This was to be a settlement conference and the first thing out of the judge's mouth was he was NOT going to make any orders or judicial endorsements of any kind. He expected the lawyers to at least come to terms on the simplest issues and he first gave them an hour - back in front of the judge, he gave them to the end of the day (his order was they were NOT allowed to leave the courthouse.

        In the end, all a joke - at the end of the day the other side was just playing games and the judge.... I imagine figured that out already. His final order was the two lawyers were to leave and seriously settle some issues. My lawyer abided by the judge's wishes - hers did not, has not abided by a single order made to them including a direct order for my ex to pay the lump sum advance support ordered by the previous judge.... still waiting (ok not waiting but the order still is there and they are ignoring it - I have often thought what is the point??)

        One thing this judge did say was, "how the heck did my ex get off with a temp support order that was put into place (my ex lied and purgered themself so deep is the how....) and that as a responsible attorney the judge hoped that he had advised my ex this was not a victory. That support would be paid fairly today or my ex would pay more later on - and that LOTS of money was being set aside for the purpose because there is no way this current order will stand up..... and he looked at my ex and said directly, support issues are taken seriously and there is no way you are going to worm out of that responsibility - she has choices to make today or later "It will be forced upon my ex by the court and it will cost...."

        But the judge would not make any "orders that day" even if a few should have been made to help this case along.

        Just another form of delay tactic - makes life hard today, I shall admit that.

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