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Preserving Rights To Appeal

Started by Fobbed-Fodder, May 27, 2004, 12:20:12 PM

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Fobbed-Fodder

Dear Soc

I am interested in you opinion on how best to advise my attorney to protect my rights to an appeal should the upcoming divorce/custody trial or any hearing leading up to trial go sideways on me.

Basic facts:

My wife lies, both in her declarations and in court, she is also very skilled at omitting facts.

My wife's attorney lies, both in his memorandums and in open court, also a great fact omitter.

I am sure this behavior is standard fare across our wonderful country in family court.

Question:

1.   Generally speaking, what diplomatic wording in letter form, would be appropriate to ones attorney urging said attorney in protecting ones right to future appeal, in regards to;

     a.)   Lies both written and oral from respondent or respondents    
attorney,

     b.)   Gender bias as may be effectuated by written or verbal     comment from a Judge or Commissioner,

     c.)   Hearsay evidence,

     d.)   Inconclusive or unfounded physiological evidence pertaining     to "the child's best interest", i.e. bogus printed material,
 
     e.)   Preservation of ones constitutional rights, namely the 5th and  14th amendments,

     f.)   Preservation of what is "said" in court.


Like I said generally speaking, I want to bring this up with my attorney in our next meeting and do not want to sound like a babbling lunatic without first getting your feedback.

Thanks


socrateaser

Have you asked your attorney what suggestions he/she has for the best possible outcome, and what he/she thinks the best possible outcome should be?

Do this first, and then get back to me with the answers. If it makes you more comfortable, ask your attorney to give you a written memo on the subject.

Then tell me what he/she says.

Fobbed-Fodder

OK, thanks soc

>Have you asked your attorney what suggestions he/she has for the >best possible outcome, and what he/she thinks the best possible >outcome should be?

Kinda-sorta but not quite so eloquently as you have put it, this is the just of what i understood her position to be.

My attorney believes that we need to get this away from the Commissioner and in to trial infront of a Judge.

my attorney also believes that I am the stable, responsible parent and should be awarded custody based on all the evedince, however, she, my attorney told me in the begining that the likley hood of that was unlikley based on certin gender biased assumptions within the law and a cultural reality that is specific to my case

I have a meeting next week so I will ask that question exactly as you have worded above.  I will get back to on this next week.


socrateaser

Send me an email to [email protected]. I need to talk to you about something that is not appropriate this forum.