Attorney strategy

[ArkStepMom]

Soc;

We have had 2 attorneys, both on the same issue (at seperate times) of Custody Modification.  The first attorney filed, opposing was served interogatories then had 20 days to respond.  Our current attorney filed (in August), opposing was served (in January).  Opposing was served with notice of hearing only (for April), no option to respond.

1) What can you tell us about these differences

Thanks Soc

[socrateaser]

>Soc;
>
>We have had 2 attorneys, both on the same issue (at seperate
>times) of Custody Modification.  The first attorney filed,
>opposing was served interogatories then had 20 days to
>respond.  Our current attorney filed (in August), opposing was
>served (in January).  Opposing was served with notice of
>hearing only (for April), no option to respond.
>
>1) What can you tell us about these differences

The facts are too thin for me to comment. Sorry.

[ArkStepMom]

I'm not sure what of my information will make the differance, but here goes:

May 2002> NCP's attorney served CP with interogatory questions pursuant to our request to seek custody of NCP's child due to change of circumstances including CP's many relocations,  subjecting child to men "friends", denial of visitation (s).
 CP had 20 days to respond to our questions/allegations.  NCP, through his attorney, was given counter-interogs from CP/Atty and 20 days to respond.  
After interogs and counter-interogs were complete a hearing was set for August.  
That hearing (which was never actually heard by a Judge) resulted in an agreement between the parties ultimately leaving child to remain with CP.
  New information which came to light  after that hearing resulted in that agreement never being signed due to CP's false information to secure the agreement and another hearing was sought..  
The next hearing was set for December (which also was never actually heard by a Judge), that hearing ultimately resulted in child remaining with CP and some amendments to the August agreement.  
After several attempts, and 3 months,  NCP finally recieved the Agreed Order in it's final/legal state, a great portion of which was never agreed to-subsequently NCP was left sucking eggs with regard to the Order and let the attorney go.

Early July 2004>NCP hired new attorney for Emerg temp custody, custody mod and contempt (and also an Ad Litem for the child this time) for simular reasons as the first and included child neglect.

Early August 2004>NCP drafted an Affidavit and Attorney promised that the judge would consider it for emerg temp custody and that she was attempting to have the non working CP served but couldn't find her!!

Mid August 2004>  Custody Modification had been filed as NCP found out by calling circuit clerk-Still no emerg hearing

October 2004>Attorney claims to have a request in for a hearing date but is just waiting to hear back from circuit clerk

December>Fired Attorney via her voice mail due to no communication and dragging her feet -still no emerg hearing  as verified by circuit clerk
Early January>Letter from Attorney stating upcoming hearing in April-no notice of emerg hearing anywhere

January 21, 2004>CP served with notice of hearing

Early February>Attorney responds to NCP's concern over missing Contempt in the Motion and says that an amendment will be made to the original Motion to contain the contempt-still no mention of emerg anything
                     
 I'm sure that's TMI-but really wasn't sure what was relevant, but I hope it sheds more light

1) Why the interogs w/ 1st atty and straight to hearing date for the 2nd?
2) Any other insight into the differences?

Thanks for your help Soc

[socrateaser]

An attorney who will not ask for an emergency hearing, generally doesn't believe that you have a case for an emergency order, and thinks that if he/she tells you straight, that you will fire him/her.  The attorney may believe that you have a shot at a new custody hearing, but, as he/she isn't telling you the straight scoop on the emergency hearing, I wouldn't trust anything that he/she said.

Any attorney, with sufficient facts can get an emergency hearing on 24 hours notice, unless the court is in some rural county with one judge. Six months is a joke.