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Still hanging in there.....

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jyoung

Member
Am I within my rights to object to actions taken by an opposing attorney(s) in regards to manipulations of Notices of Appearance. The scenario is as follows: ex wife fired first law firm, probably for incompetance. New attorney files notice of appearance for herself (and her firm). She asks for and receives a continuance on a final hearing. She files a notice of unavailablity until Feb 15, and states to judge that she will be out of the country during that time period and can't prepare a case in time. On Feb 16, same
attorney files a motion to dismiss my case on a technicality, which eventually is granted. In three or four hearings since that date, including the motion to dismiss hearing, the attorney of record is nowhere to be found, ex is represented by one of the partners of the firm.
He has never filed with the court a Notice of Appearance, but his name is now on all subsequent documents as lead
attorney. This is in Florida.

My question is, while realizing they are with the same firm,
is it worth my time and effort to try to bring the judge up to speed on these occurences, or is this just one of those
lawyer things we pro se guys have to learn to live with?

Thanks
 


I AM ALWAYS LIABLE

Senior Member
jyoung said:
Am I within my rights to object to actions taken by an opposing attorney(s) in regards to manipulations of Notices of Appearance. The scenario is as follows: ex wife fired first law firm, probably for incompetance. New attorney files notice of appearance for herself (and her firm). She asks for and receives a continuance on a final hearing. She files a notice of unavailablity until Feb 15, and states to judge that she will be out of the country during that time period and can't prepare a case in time. On Feb 16, same
attorney files a motion to dismiss my case on a technicality, which eventually is granted. In three or four hearings since that date, including the motion to dismiss hearing, the attorney of record is nowhere to be found, ex is represented by one of the partners of the firm.
He has never filed with the court a Notice of Appearance, but his name is now on all subsequent documents as lead
attorney. This is in Florida.

My question is, while realizing they are with the same firm,
is it worth my time and effort to try to bring the judge up to speed on these occurences, or is this just one of those
lawyer things we pro se guys have to learn to live with?

Thanks

My response:

Yes, it "is [ ] just one of those lawyer things [you] pro se guys have to learn to live with."

You see, that law firm, as a whole, is representing your ex-wife; not merely the one attorney, and therefore, any competent attorney (sounds like an oxymoron, but I assure you, it isn't) within that firm can represent, appear for, and write pleadings for, your ex-wife.

This time, it's okay what they're doing.

IAAL
 

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