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Author Topic: What would an attorney think??  (Read 1337 times)

TPK

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What would an attorney think??
« on: Nov 23, 2005, 02:56:07 PM »
Hi Soc,

I have to take the ex to Family Court by next April on the vaccination issue.

I'm considering going Pro Se this time, just for this one issue though.

I've used the same NY lawyer for the divorce etc. He's OK in court, but doesn't return calls right away. I said I was gonna toss him when the divorce is over, but now I'm not sure.

I might need him in the future, but I "think" I can handle the vaccination issue myself.

1.  Have you had a client who had you represent them first, then the client went Pro Se only to come back and want you to represent them again?

I guess what I'm really asking is if attorneys get all bent out of shape when a client goes pro se and then comes back for representation?

2. Bad idea to go pro se on this issue?


Just wondering if attorneys have thin-skin and egos that bruise easily?

Happy Turkey Day Soc!

TPK



socrateaser

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RE: What would an attorney think??
« Reply #1 on: Nov 23, 2005, 04:39:04 PM »
>1.  Have you had a client who had you represent them first,
>then the client went Pro Se only to come back and want you to
>represent them again?

The only issue is when the client goes pro se, messes things up, and comes back wanting to deal with that particular issue. The problem is sometimes the case is hosed and I can't competently fix the problem, so I must back away. Otherwise, I don't take it personally. But, many lawyers do, so don't be surprised.

>I guess what I'm really asking is if attorneys get all bent
>out of shape when a client goes pro se and then comes back for
>representation?

See above.

>
>2. Bad idea to go pro se on this issue?

Depends on your ability to write the documents and present your case. I really can't say.

>Just wondering if attorneys have thin-skin and egos that
>bruise easily?

Attorneys are human, not vulcan, so, while an attorney is more used to argument and controvery than the average person, his/her ego can still get in the way.

DecentDad

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Just a thought...
« Reply #2 on: Nov 28, 2005, 01:49:18 PM »
Hi,

I'd suggest just communicating honestly with the guy, as it did well for me in the same scenario.

In my own situation, I ran out of money after major bout #1 in court a few years back.

I was upfront with my attorney about my money restrictions back then, told her that I appreciated all her work, that I thought I could handle the little things here and there, that I'd appreciate being able to consult with her hourly to discuss legal matters, and that I'd want to keep open the option of retaining her for major issues in the future.

She was fine with all of it.

We parted on good terms, she got another 10 hours or so from me as I consulted with her over the course of a year, and she's someone who I'd consider retaining again.

If you explain your situation (i.e., if it's cash flow issues), I can't imagine that anyone would take it personally.  Just leave the door open-- what's the guy gonna do... not want your money in the future?!

And, btw, the same warning Soc gave you is what my attorney told me-- that if I messed something up, it could cost even more to fix it, that's if it's even possible to fix.

DD

TPK

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How to Proceed?
« Reply #3 on: Dec 02, 2005, 12:17:15 PM »
Soc,

I'm still on the fence about going pro se on this. My attorney said he'd like to have some fun with it. Not wanting to screw anything up, just maybe I'll let him handle it.

The reason I plan to pursue this issue in court is because ex & I had a "verbal" agreement that child would begin vaccinations by age 2 (April 11, 2006)


I didn't want to agree to this initially, and I thought I'd address it during the divorce, but I pushed it aside just to get the divorce done.

Ex now tells me child will be vaccinated at age 5. That's just unacceptable to me.

Questions

1. If you were my counsel, what action would you bring in court to address this vaccine issue?....OSC?.....Neglect??



2. Any chance of finding the vaccine issue in some case law?? I can't be the first parent taking another parent to court to get a judge to order it could I?


I really like my chances of getting a win on this issue. Based on what past judges have said they would rule, law guardians opinions, and most importantly the Doctor's opinion.

Thanks!


TPK




socrateaser

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RE: How to Proceed?
« Reply #4 on: Dec 02, 2005, 06:50:09 PM »
>Questions
>
>1. If you were my counsel, what action would you bring in
>court to address this vaccine issue?....OSC?.....Neglect??

I don't know. Really depends on mother's mental state. Is she really nuts enough to routinely deprive child of reasonable medical care. If so, then I'd file a motion to modify custody on grounds that her refusal to have the child vaccinated is evidence that the mother is willing to affirmatively act against the child's interests, and that this is a substantial change in circumstances. I'd also ask for temporary primary custody, and a home study and an psychological eval of mother.

Otherwise, you could just ask for a clarification order on healthcare and leave it at that.

All of above predicated on physician statement that the vaccinations are standard course of care for your child at her present age.

>2. Any chance of finding the vaccine issue in some case law??
>I can't be the first parent taking another parent to court to
>get a judge to order it could I?

This is not a "case law" kind of case. Either the vaccination is standard for a child of the age of your daughter or it's not. If it is, and your ex refuses, then there's something wrong with your ex. Period.


TPK

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How to Proceed?
« Reply #5 on: Dec 02, 2005, 12:17:15 PM »
Soc,

I'm still on the fence about going pro se on this. My attorney said he'd like to have some fun with it. Not wanting to screw anything up, just maybe I'll let him handle it.

The reason I plan to pursue this issue in court is because ex & I had a "verbal" agreement that child would begin vaccinations by age 2 (April 11, 2006)


I didn't want to agree to this initially, and I thought I'd address it during the divorce, but I pushed it aside just to get the divorce done.

Ex now tells me child will be vaccinated at age 5. That's just unacceptable to me.

Questions

1. If you were my counsel, what action would you bring in court to address this vaccine issue?....OSC?.....Neglect??



2. Any chance of finding the vaccine issue in some case law?? I can't be the first parent taking another parent to court to get a judge to order it could I?


I really like my chances of getting a win on this issue. Based on what past judges have said they would rule, law guardians opinions, and most importantly the Doctor's opinion.

Thanks!


TPK




socrateaser

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RE: How to Proceed?
« Reply #6 on: Dec 02, 2005, 06:50:09 PM »
>Questions
>
>1. If you were my counsel, what action would you bring in
>court to address this vaccine issue?....OSC?.....Neglect??

I don't know. Really depends on mother's mental state. Is she really nuts enough to routinely deprive child of reasonable medical care. If so, then I'd file a motion to modify custody on grounds that her refusal to have the child vaccinated is evidence that the mother is willing to affirmatively act against the child's interests, and that this is a substantial change in circumstances. I'd also ask for temporary primary custody, and a home study and an psychological eval of mother.

Otherwise, you could just ask for a clarification order on healthcare and leave it at that.

All of above predicated on physician statement that the vaccinations are standard course of care for your child at her present age.

>2. Any chance of finding the vaccine issue in some case law??
>I can't be the first parent taking another parent to court to
>get a judge to order it could I?

This is not a "case law" kind of case. Either the vaccination is standard for a child of the age of your daughter or it's not. If it is, and your ex refuses, then there's something wrong with your ex. Period.

 

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