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Author Topic: Counsel No- Show??  (Read 1016 times)

Windd

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Counsel No- Show??
« on: Dec 22, 2006, 12:56:21 PM »
Soc , had a status/hearing 12/19. I stayed for 45 minutes past the time scheduled. The other parent left maybe 1/2 hr after schedule time. I called counsels office when I got to work and was advised counsel left for court that morning and may have been tied up with another case.

It has been three days and I have not heard anything.  I realize it's the holiday period so nothing more than likely is/will be done.

1)Is it unusual for an attorney to miss a status/hearing and not follow-up with client?

2)What happens to the case on the docket at the end of the day?


Other parent held to 9 counts of contempt. Owes a couple thousand in back support ( still increasing) and 3-4 thousand in other related fees. Given 60 days to star complying with order.


Both parents ordered to go to focus on children within 6-months of the entry of the judges order. Just found out (1.5yrs later) NCP never attended.

3. Can other parent not attending ordered focus on children now be brought up as a contempt? How would it be added?




socrateaser

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RE: Counsel No- Show??
« Reply #1 on: Dec 22, 2006, 03:44:27 PM »
>1)Is it unusual for an attorney to miss a status/hearing and
>not follow-up with client?

Does it matter? Your attorney wasted your time. Send him a bill.

>
>2)What happens to the case on the docket at the end of the
>day?

If no one appears, the case is taken off calendar, until the moving attorney requests a new hearing.

You should have told the balif that you were present, but that your attorney has not shown up, and then asked for a continuance. That way it would have been on the record that the attorney wasn't there, which would have given you leverage to negotiate for some fee credits.

Your attorney may volunteer some, but this is a competence issue. There's really no excuse for a no show, other than an act of god (car accident, etc.). It means that the attorney can't manage his/her time.

>3. Can other parent not attending ordered focus on children
>now be brought up as a contempt? How would it be added?

Another count means another hearing, but as you already need another hearing, you could file a supplemental brief and charge another contempt count to be heard with the others, as long as the defendant is personally served according to law, as if this were the only count against him/her.

 

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