How do I know?

[outsideringa]

What is the name of your state?GA

How would I know, or what are some signs, that my lawyer is not completely on my side? I can hardly get him to return phone calls and was not at all prepared like my husband was for our depositions. My husband answered "i can't recall" like 50 times. If I said, "not sure, possibly, etc." his lawyer hounded me until I gave a more definite answer. And my lawyer would do nothing.
Also, in a temporary hearing, how long do you usually get to speak, or what generally goes on? My hus wants full custody of our 2 yr old daughter.

 

[abstract99]

Sounds to me like it is time to get a new lawyer. Let me guess.... he was really cheap?

 

[huntersmommy06]

What is the name of your state?GA

How would I know, or what are some signs, that my lawyer is not completely on my side? I can hardly get him to return phone calls and was not at all prepared like my husband was for our depositions. My husband answered "i can't recall" like 50 times. If I said, "not sure, possibly, etc." his lawyer hounded me until I gave a more definite answer. And my lawyer would do nothing.
Also, in a temporary hearing, how long do you usually get to speak, or what generally goes on? My hus wants full custody of our 2 yr old daughter.

YOUR ATTORNEY'S ROLE in DEPOSITION
Your attorney will not participate in the deposition, but is required to be present to protect you from improper questioning. He will rarely ask you a question. If you attorney begins to speak, you must stop talking and remain silent and otherwise do as he instructs. The attorneys may at times enter into discussions or agreements; if so, you are not to say a word, but should listen very carefully to what is being said. Your attorney or the other attorney may make objections (e.g., "I object to that question on the grounds of the attorney-client privilege."). If so, remain silent until your attorney tells you to answer. If your attorney ever instructs you not to answer, DO NOT ANSWER! No matter how mad the other attorney gets or how harmless the question seems, never contradict your attorney's instructions.

 

[huntersmommy06]

What is the name of your state?GA
Also, in a temporary hearing, how long do you usually get to speak, or what generally goes on? My hus wants full custody of our 2 yr old daughter.

A temporary hearing is before a judge, without a jury, and handled on an expedited basis, with limited time allotted to the parties to present their case (sometimes as little as 15 minutes per party), and very severe limitations placed on testimonial evidence (one live witness outside of the party is all that is allowed in most cases per party). The bulk of the evidence will consist of witness affidavits (affidavits are sworn written statements that are generally drafted by your attorney to accurately reflect the witnesses testimony and then signed and notarized by the witness) and the arguments of the attorneys to the judge. Issues such as child custody, child support, alimony, and some property distribution issues will be decided by the judge on a temporary basis.

It is essential to prepare ahead of time for temporary hearings and to be represented by someone with experience and talent in this area of law. It is crucial that you request your attorney to prepare you for the temporary hearing.

 

[huntersmommy06]

Sounds to me like it is time to get a new lawyer. Let me guess.... he was really cheap?

The poster's attorney did exactly what he/she was supposed to do (not participate). Often times, an attorney will not prepare a client for deposition to avoid the appearance of answers being rehearsed (answers need to be succint).

The opposing council obviously took the browbeating approach and that is as well, a common tactic. That is a design to get the deponent to ramble or question his/her own answers. Every word you utter is merely helpful to the opposing attorney. A deposition is not for your benefit. It is only designed to hurt your case. Everything you say will be used against you, not for you. A deposition is not the trial of your case. It is a pre-trial question-and-answer session called by the opposing attorney to try to hurt your case.

Poster, if you do feel uncomfortable with the way things were handled, I would avise you to speak with your attorney before assuming the worst.

 

[outsideringa]

State= GA
I actually had a 5K retainer, and am now considering co-council. Yes, you are right, I was not prepared so my questions will most likely hurt me. My husband, on the other hand, answered every question with "I don't know; I can't remember" It was sickening.
Do lawyers get offended when you suggest co-council? It won't be anyone from his firm.

 

[abstract99]

State= GA
I actually had a 5K retainer, and am now considering co-council. Yes, you are right, I was not prepared so my questions will most likely hurt me. My husband, on the other hand, answered every question with "I don't know; I can't remember" It was sickening.
Do lawyers get offended when you suggest co-council? It won't be anyone from his firm.

Tough **** if they do... that is your right.