attorney dies

[justme73]

soc,
florida - rotating 50/50 with other parent as 'primary', though with evidence to prove that I have managed our children's needs (ie doctors, dental, school voluteerism, etc...)
the other parent filed to reduce visitation to minimum, so i had no choice but to counter to modify custody/primary.

the custody evaluator is an attorney.

currently we are admidst evaluation... the report, though the evaluator states that it is not complete and that she welcomes supplimental information.

my attorney died two weeks ago. i felt comfortable in my decision of replacement counsel with an attorney that i have a prior client relationship.  she seems very thorough and seems to know inside information on many of the people involved in our case (ie judge, evaluator, etc...)

she knows what the judge will not be interested to hear and what things we should place more emphasis that would bring the judge provacation against the other parent....

however, the evalutor's assistant called me for a status on my search for replacement counsel. i told her of the appointment i had been to .... and she tells me that the eval. crinkled her nose and shook her head no, saying 'she's no good.'.

the eval. assistant proceeded to say that she knew of a few good attorneys and gave me five names. she said that these are all colleuges/friends of the eval. and she thinks i should choose one of them, placing heavy emphasis on one name of the list.

the assistant said that because they are very friendly with the eval. they will just call the eval. and that the eval. will probably speak more candidly with that attorney. she also said that i shouldn't tell anyone she gave me the information.

today i called her back because the attorney the eval. assistant was pushing isn't taking any new cases at this time, because she has a full case load. the partner however could take my case. i asked the assistant if she knew about him. she put me on hold to ask the eval.

when she came back on the phone she said that the eval. says that we cannot recommend an attorney for me but that he is very good and was a general magistrate for 13 years.

i told her ok. and that maybe i would check out some of the other names she had given me as well. the assistant said 'no'. that confused me so i said 'what?'.  she said 'no'    i asked  'do not check out the others?'. she said 'no'.   i asked so go with this one, they are friends?'. she said 'yes.'

this is all very confusing. i don't see a harm in a consultation with this attorney, but this is a delima for me. it all seems very inappropriate.

my first instinct told me to go with this attorney that knows my case very well already and is an evaluator herself. she knows the little ins-and-outs of the judge and what he will be more likely to rule substantial change on, etc....

1. what do you think about all of this?

2. would it really help me to use an attorney that knows our evaluator that well?  ( i suppose the eval. would be more likely to speak candidly with that attorney)

[socrateaser]

>1. what do you think about all of this?

It's damn weird. If it weren't for the fact that the attorney is completely booked, I'd say that there was a referral agreement, which if there's money changing hands between attorney and evaluator, is unlawful, and since the evaluator is in on the case, it could be interpreted as a means of creating undue influence on a neutral decisionmaker.

But, as the attorney is booked, I don't see the rationale for insisting on just one attorney. If you really want to know, you'll have to talk to the evaluator and just ask.

>2. would it really help me to use an attorney that knows our
>evaluator that well?  ( i suppose the eval. would be more
>likely to speak candidly with that attorney)

Duh. It shouldn't, but this is real life, not trial practice course at U of F. Relationships matter.

[justme73]

yes, that attorney is booked. but the eval. assistant is suggesting that i hire the partner... same firm so she would still be involved.

i guess it couldn't hurt to go for consultation with the partner.. see if i even like him.

seems weird to me too. i know the assistant talked with the evaluator about it, but it was as if she was only saying 'no' so the eval. wouldn't know what she was suggesting i do.

only a couple of weeks ago the eval. called me with additional questions and stated that 'it seems like there hasn't been a substantial change in circumstances. there were medical disputes mentioned in the original evaluation, so it seems the two of you are arguing about the same thing.'

i wondered if she were pretty much telling me her decision, which violates new jurisdiction evaluation guidelines which states that only the judge is to make such determination.

our daughter developed asthma after the divorce was final. the other parent denied her medication and smoked in her presence which made her attacks worse and more frequent... to the point that the dr. called dcfs.

i just told her i felt the circumstances had changed, because he agreed to follow drs. orders in our agreement... and did not. and he wasn't to smoke.. and he does around the children.

i really shouldn't tell anyone about the referral, right?

[socrateaser]

>i really shouldn't tell anyone about the referral, right?

I don't see a problem either way, frankly, unless you intend to characterize the referral as being coercive, i.e., "If you don't hire this firm, you're gonna lose, because we have a 'deal,' understand?"

[justme73]

my attorney died on january 9th. i have had a couple of consultations already and have chosen an attorney. i have an appointment on 2/21 to retain him, but i just received a call from the evaluator.

she has previously told me that she would place no timeline on the completion of the evaluation and would accept new information/documentation (ie depositions that were scheduled prior to my attorney's passing)

today she called me saying that opposing counsel is pressing forward and filing a motion to set trial which will pressure he to turn in her report.

i did not know that i only had 30 days to retain a new attorney. i need until the 21th (my appointment) to raise the new retainer and get all the paperwork together for him.

he definately wants to complete depositions to give to the evaluator and some other things.

1. is there anything i can do until then to extend the suspension of my case? if not, any other ideas?

[socrateaser]

>my attorney died on january 9th. i have had a couple of
>consultations already and have chosen an attorney. i have an
>appointment on 2/21 to retain him, but i just received a call
>from the evaluator.
>
>she has previously told me that she would place no timeline on
>the completion of the evaluation and would accept new
>information/documentation (ie depositions that were scheduled
>prior to my attorney's passing)
>
>today she called me saying that opposing counsel is pressing
>forward and filing a motion to set trial which will pressure
>he to turn in her report.
>
>i did not know that i only had 30 days to retain a new
>attorney. i need until the 21th (my appointment) to raise the
>new retainer and get all the paperwork together for him.
>
>he definately wants to complete depositions to give to the
>evaluator and some other things.
>
>1. is there anything i can do until then to extend the
>suspension of my case? if not, any other ideas?

Respond to the motion to set trial stating the facts re your appointment to retain counsel, your attorney's demise, and ask that the court postpone setting the matter for trial until your new attorney can negotiate the matter with opposing counsel.