Just making sure I don't get hoodwinked on the Orders after Hearing...

[DecentDad]

Hi Soc,

Recall that biomom's attorney was ordered by the court to get me a findings and orders after hearing within 7 days (of the hearing).

I did receive that from the attorney's paralegal (i.e., correspondence signed by her), and I sent back correspondence to the paralegal (who requested that I respond to HER) with an objection to one of the clauses as not accurately reflecting the court's order.  I proposed my own language for the clause, and said with that change I'm in agreement to everything else.

It's been two weeks since I sent that back.  I recently got a notice of unavailability from the attorney, saying she'll be out the first half of July.

I'm a little bit paranoid because I've previously been screwed by a judgment that was entered because my attorney failed to object timely, and I'm wondering if there's anything I'm missing now that is again gonna blow.

Additionally, this current attorney previously stood in front of the court and lied about her vigorous attempts to settle with me (i.e., when she refused any/all of my attempts to settle; complete silence from her), so I want to make sure I'm protecting myself in case she sends communication and/or the orders to the court without actually serving me (i.e., though submitting proof of mail service with her papers to the court) to prevent me from objecting timely.

1.  Is there a time limit for attorney to send a newly proposed findings and orders after hearing once I object to them?

2.  At what point should I send correspondence to attorney, outlining that I'm awaiting the corrected findings and orders?

3.  Though maybe not proper, should I cc the court on the correspondence from #2?

Thanks,
DD

[socrateaser]

>1.  Is there a time limit for attorney to send a newly
>proposed findings and orders after hearing once I object to
>them?

Five days.

>
>2.  At what point should I send correspondence to attorney,
>outlining that I'm awaiting the corrected findings and
>orders?

Screw her. First, check with the court clerk and make certain the order wasn't filed over your objection, as if you never objected. If not, then prepare the final order yourself, and send it to the judge with a cover letter explaining that you objected to the form of the final order, your grounds for the objection, and stating that opposing counsel has not responded timely to your objection, therefore you have taken the liberty of preparing the final order for the court's signature. Copy opposing counsel. And attach a copy of all of the correspondence between yourself and opposing counsel. Clean, concise, short and to the point, so the judge will see that you're only trying to get the job done.

And, mention that opposing counsel is incommunicato.

>
>3.  Though maybe not proper, should I cc the court on the
>correspondence from #2?

It's proper.

PS. NEVER communicate only with a paralegal or assistant. Always communicate with opposing counsel, unless you have a written request from counsel that you deal with an assistant. The attorney can always give the communication to the assistant, if he/she wishes to do so.