Son's criminal problems...

[dipper]

Soc,

Son is 14 years old.  BM is primary until Thursday, then it reverts to me.

Son was charged with vandalism of a school laptop and carrying a knife to school last year - separate incidents.  Went to court in January - the judge asked if he needed an attorney, but bm hired her's.  Now, bm is broke so the court would have appointed an attorney for son.  

BM has asked three times about me helping pay for attorney, but he is HER custody attorney and has refused to discuss son's separate case with me.....He is also representing someone against my son in the burn lawsuit........
 
I have filed a complaint with the Virginia Bar Association in March, 2006 and recieved no reply other than an email saying it was received.  

Hearing was set for March - attorney didnt show.  Today, I spent $40 in gas, plus over $70 in missed work to go to hearing...and he did not show again.

BM had not told me the time of hearing until Friday when I brought it up at son's IEP. Then she told me it was at 2:00 today.  But, today she had a letter from lawyer saying he needed to postpone hearing.

Judge said he would give one more continuance and that the next time, the case would be heard - lawyer or not.  BM pestered me for money for attorney fees again.

Soc, I am not paying her attorney.  He has cost me enough in lost wages and gas.  Every hearing - custody and criminal we have attended, he has been hours late or a no-show.

My fear though is that bm may now tell attorney she doesnt want him to represent.  Son would be without an attorney -as hearing is set for July 24.

Also, police officer brought in THREE laptop computers though son was only charged with vandalism to one.  I will be custodial parent by the time this goes to court, I am afraid i will be made to pay for this damage.

Soc, I would not have paid fee for son to get the computer to begin with - he is just prone to damaging stuff like that.  So, I dotn feel I should have to pay for it.  But, if its her attorney, I doubt he will point out that son was  in her care when this happened.

Soc, any thoughts on all of this?


Is there anything I can do to further my complaint?



Can I be made to pay for damage done while son is in her care?



From your own experience, would bm be able to withdraw her support from attorney and leave son without an attorney?

[socrateaser]

>Soc, any thoughts on all of this?

Hire another attorney and ask the court to order the existing attorney removed. If you're looking for a court appointed attorney, you would need to file to proceed in forma pauperis, by showing that you can't afford to pay for your son's attorney. I don't know your financial circumstances, but if you have any assets, you won't likely get a PD.

>Is there anything I can do to further my complaint?

Even if there was something, complaining to the bar will not get you a free ride from the attorney. It will just get the attorney sanctioned, suspended or disbarred.

>Can I be made to pay for damage done while son is in her
>care?

Depends on VA criminal law (probably yes) but the amount is usually limited (not so limited as the cost of a computer, though). If the law holds you liable, then both parents will be jointly liable for their child's debts, custody notwithstanding.

>From your own experience, would bm be able to withdraw her
>support from attorney and leave son without an attorney?

The attorney's client is your son, not his mother or you, even though you or the mother pay the bill. The attorney doesn't have to work for free, however, so if you don't pay, then he can withdraw -- but, he can't do nothing, because that prejudices your son's rights.

Trouble is, that the punishment of the attorney does not help your son.

Your son is entitled to counsel, and if you have the money, the court can order you and your ex to pay the legal fees.

[dipper]

Soc,

I have refused to pay anything to this attorney mainly because he is my ex's attorney for the custody hearing.  Frankly, I do not own anything - the house is in my spouse's name as it was when we married.

The lawyer is to represent my son, but he only discusses the case with my ex.  

I wrote him a formal letter requesting the date and time of son's hearing and to be informed of meetings that are to discuss son's case.  There was no response from him.  Last week, son and bm went to his office to discuss hearing.

Also, aside from the fact that I would be paying an attorney who will not even discuss the case with me, I have filed a formal complaint against him and so I do not think it would be appropriate to now give him money.  (Plus, I just dont have it to give.)

My complaint against attorney is for representing conflicting interests.  

BM had said in Feb that there were four payments to be made monthly, including that month.  Based on that, he would have been paid in full last month.  

So, if she stops paying and he withdraws, would the court even allow a continuance for another lawyer?


When you stated that the court could order us to pay legal fees - is that of a court appointed attorney?

[socrateaser]

>So, if she stops paying and he withdraws, would the court even
>allow a continuance for another lawyer?

You should be seeking a continuance now, if you are looking for a new attorney. Your grounds are simply that the attorney has refused to communicate with you because of the conflict between him and his current client, your ex. The attorney should never have taken the case to represent the son while being retained by the son's mother in an adversarial action against the son's father. So, in view of the clear violation of the Rules of Professional Conduct, you should be granted time to obtain new counsel.

Now, if you can't afford new counsel, that is an entirely different matter.

>When you stated that the court could order us to pay legal
>fees - is that of a court appointed attorney?

You don't watch much TV, huh ;-).

"You have the right to remain silent. If you choose not to remain silent, anything you say may be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you at no charge."

So, in a criminal trial, the defendant is entitled to free appointed counsel if the defendant CAN"T AFFORD AN ATTORNEY!"

You will not get an appointed attorney unless you file a motion to proceed "in forma pauperis" (as an indigent/insolvent). You will need to show the court your financials and swear that you don't have the money to pay for counsel. Of course, your ex will now have to pay you child support, so perhaps you can use some of that money, assuming you get any.

Bottom line -- you need to make a convincing argument that you can't pay for an attorney. If you believe you are in this situation, then you should call the courthouse and ask if they have a form that you can fill out to proceed "in forma pauperis." Then fill it out, explain why you don't want the current lawyer, and see what happens.

Just realize that you won't get free counsel because the current attorney sucks and is violating the ethics rules. That is all irrelevant. The only issue of concern, is whether or not you can afford to pay for an attorney.

[dipper]

Soc,

Since son has a lawyer on record, I know that the court will not look at information sent in from me.  However, I was wondering if I could send bm a letter inquiring as to whether she will continue with her lawyer for son's charges - with a date involved to reply - and specifiying once again (more for the judge) why I will not take part in payment to this individual.  Then I would like to copy it to the court for son's file in the case that bm does cease in retaining this lawyer.  

It would be her to say nothing until we went to court, and I would like it documented in the file beforehand.

If there are any further meetings with this lawyer, I am sure bm will take son when he is with her for visitation.  However, I feel that as I will be custodial parent then son and I should have the right to file a written request with lawyer to notify me of any meetings - and in fact, have my prior approval.   This is all subject to son's wishes of course.

Would a letter in son's file about the lawyer situation help if day of hearing, she advises judge that she has let attorney go?


Would a letter from me and son to lawyer (certified mail) restrict this lawyer to going through me and son for appointments ( I do not want bm left out, but I want to know what is going on )?

[socrateaser]

>Would a letter in son's file about the lawyer situation help
>if day of hearing, she advises judge that she has let attorney
>go?

I think you're missing the important point. The lawyer does NOT represent you or your ex. He represents your son. Your son can FIRE him by saying, "You're discharged," or your son can say, "You are hereby instructed to not communicate further with my mother concerninng this issue, and you are further instructed to only deal with my father."

The problem is that the attorney cannot follow the last instruction, because there is a conflict of interests, as the attorney has a duty of confidentiality with your ex concerning the other legal matters, and dealing with you is likely to reveal those confidences.

The attorney should never have taken your son's case, and his only alternative to the instruction that I am recommending is for the attorney to try to withdraw from the case, which the court may refuse to allow.

Your only avenues out of this mess is to (1) retain a new attorney and discharge the old one, or (2) file a motion with the court to proceed in forma pauperis. Don't try to come up with some other solution, because there isn't any.

>Would a letter from me and son to lawyer (certified mail)
>restrict this lawyer to going through me and son for
>appointments ( I do not want bm left out, but I want to know
>what is going on )?

See above. And, you cannot avoid having your ex left out. No competent attorney would include her in the mix knowing that the two of you are in other lawsuits against each other.