Had a hearing need an order

[TwoBoys]

This is for a friend of mine - case is in Nevada, on establishing paternity, custody, etc..

They had a hearing in July 04 - established custody - parents not married to each other, opposing counsel was supposed to draft order resulting from the hearing, but didnt.  So... petitioners counsel drew up orders but waited until Oct 04 to do this, and filed the order in Oct 04.  Judge has signed order.

Another hearing was had in Nov 04 to establish insurance, medical, and other such issues.  Again, opposing counsel was to draw up the orders, and still has not.

Since this time, the petitioner has had ongoing problems with her atty.  Atty got pg, and has basically done NOTHING on the case.  The original interrogatories and other discovery went unanswered by the other party, and the petitioners attorney never followed up, filed any motion to compel, did NOTHING (they dont even have full financial disclosure from the other party).  CS cant even be determined based off of what was provided.  This is seriously holding up the case.

Petitioners attorney has recently (finally) filed a motion to withdraw.

NOW - the order from the Nov 04 hearing has still not been drawn up.  Judges secretary said the orders need to be done before the petitioners atty can be withdrawn from the case.  

To add to the problem, the respondent is in contempt (or would be if the orders from the Nov hearing were drawn up).  Contempt papers cannot be filed until the order is in place.  

In summary, her atty is doing NOTHING, and she cant file anything prose until the attorney is allowed to withdraw, and cant withdraw until the other order is in place.  The other attorney wont do the order, probably because his client is in contempt of that order, not to mention their desire to drag this ordeal out (hence their refusal to submit the documents requested in standard discovery).

Can she file for an emergency case resolution?
Any suggestions on how to get the order done and this ball rolling?


Thank you,
TwoBoys.

[socrateaser]

>Any suggestions on how to get the order done and this ball
>rolling?

Fastest solution is to hire a new attorney, and then file an amended motion to withdraw and substitute new counsel. Then, after you straighten up all the mess, then file an ethics violation with the NV State Bar. You might have a malpractice action against the attorney of record if you were damaged by her failure to perform her duties.

If you can't afford a new attorney, you could write a letter to the judge and copy your attorney and opposing counsel, or the other party, stating that you don't know why your attorney will not act on your behalf, but that you would appreciate it if the court could intercede.

You probably don't want to have your own attorney held in contempt -- at least not until the current orders are prepared.

[TwoBoys]

Thank you,

The friend of mine who I am posting this for is in a financial mess right now.  No CS yet because of all of this, and a several thousands of dollars went out the door on a practically wasted retainer.

Ill pass along the info to my friend regarding writting the letter.  Ill warn you, she may have more questions, so I will either direct her here, or may be posting more questions on her behalf.

Also, she has a hearing as a result of her attorneys motion to withdraw.  The attorney included in her motion to withdraw her final bill, outlining the fees outstanding.  The friend of mine is in agreement with the attorneys motion to withdraw, but opposes the fees.  She plans to file a fee dispute.

Questions:

1.  She needs to file a response of some sort to the motion to withdraw before the hearing Im guessing, agreeing to the withdrawal, but opposing the fees.  What exactly would she file?  (She has been told its something like a Non Opposing Opposition but that doesnt make sense to me, but im not an atty!)

2.  Any suggestions on wording?

3.  What exactly would/could the courts do to intercede when she writes a letter to the judge?  Strongly suggest (force) the attorneys to get the order written so that the attorney can withdraw and get it over with?

4.  Would she be better served addressing the issue of her attorneys failure to act on her behalf at the hearing, in the letter, or both?

I really do appreciate your help!  

TwoBoys...

[socrateaser]

>Questions:
>
>1.  She needs to file a response of some sort to the motion to
>withdraw before the hearing Im guessing, agreeing to the
>withdrawal, but opposing the fees.  What exactly would she
>file?  (She has been told its something like a Non Opposing
>Opposition but that doesnt make sense to me, but im not an
>atty!)

File a declaration agreeing to the withdrawal, but stating the specific opposition to the fees as unreasonable.

>
>2.  Any suggestions on wording?

(Title)
Petitioner's Declaration in response to attorney, ATTORNEY'SNAME's motion to withdraw.

(Text)


State of ______, County of ______) ss.

I, YOURNAME, after first being duly sworn, do hereby depose and say:

2. Tell your story about why you want the attorney out, but...

3. Also, why you believe that the fees are unreasonable.

By: _____________
YOURNAME, Petitioner
STREET
CITY, STATE ZIP
CONTACTPHONE

Subscribed and sworn to before me, this ____ day of ____, 2005

By: _________
Notary Public
My commission expires: _________

-----------------------------
>
>3.  What exactly would/could the courts do to intercede when
>she writes a letter to the judge?  Strongly suggest (force)
>the attorneys to get the order written so that the attorney
>can withdraw and get it over with?

The judge may drag the attorney into court and tell her if she doesn't finish her responsibilities by date certain, that she will be held in contempt. But, if there's a hearing set for the withdrawal, then the above suggested declaration should be sufficient. Forget the letter.

>
>4.  Would she be better served addressing the issue of her
>attorneys failure to act on her behalf at the hearing, in the
>letter, or both?

You can tell your story however you wish, but if you want the attorney to stay on, and finish her work, then you are not supporting the motion to withdraw, rather you are opposing it, so, be consistent in your declaration.

[TwoBoys]

Thanks!  Youre great!

Im passing this on to my friend.  She said she would prefer the attorney NOT finish it, just wants the court order done, and is willing to allow the other counsel to draw up the order based on the minutes from the hearing.

Thanks so much!

TwoBoys...