New development need answers

[midwayusa]

Found out today that the Ex's attorney took an new position at a firm 15 miles away and is bowing out on the ex's case. It also seems that the ex owes the firm a substantial amount of money so it would seem that she will have a tough time hiring a new attorney. I am under the assumption that the firm as a whole won't be representing her any more. We are supposed to do mediation soon but not sure where that will go now. I requested that the attorneys be present for mediation and the judge signed off on it to go that direction.

1. How does this affect my case?

2. How should I proceed?

3. Will this work to my advantage or will it matter?

[socrateaser]

>1. How does this affect my case?

If the court permits the attorney to withdraw, then your ex will be self representing until she finds new representation.

>2. How should I proceed?

Nothing has changed, so proceed as you've been proceeding.

>3. Will this work to my advantage or will it matter?

Well, a person who represents themself is usually at considerable disadvantage, unless they know the law and the judges, so I'd say it's to your advantage. However, your ex can ask for a continuance to find new counsel, and, if granted, that could slow things down a bit.

PS. The fact that your ex is having trouble paying her legal fees doesn't necessarily mean that no other lawyer will step in, because that lawyer may not know of your ex's difficulties, as long as your she comes up with the initial retainer/advance fee.

[midwayusa]

The only court date coming up is a status hearing set by the judge for Nov 1. I would think that between now and then would give her plenty of time to find another attorney. I think if she drags her feet till then and asks for a continuence it will just make the judge mad for the second time. Her and her attorney had him pretty mad at the pre-trial hearing and I wouldn't think it would be in her best interest to anger him again.

She will have difficulties hiring another attorney as she doesn't have the money for a retainer for a new one. It would appear she can't afford her portion of mediation as they have dragged their feet on that as well. We finally forced the issue and will be in mediation sometime around the 24th of Oct. The judge signed off on mediation and as he put it "You will mediate first". I think mediation will be a waste of time but since it is court ordered we will waste the money. My attorney discussed things with the mediator and he has agreed that if things aren't progressing after the 2 hour minimum he will end it and refund the remainder of the retainer.

I am concerned about this dragging the case on for many more months. The rest doesn't concern me so much. Shared custody is working very well and the judge here seems to be of the stand that if it isn't broken don't fix it. My attorney feels we have a very good case for custody but I want to try and keep the equal time for my son's sake. If she blows mediation then we plan to put the hammer down win or lose.

[midwayusa]

Mediation went pretty well and ended up being more productive than I expected. Her and her attorney were late and at one point said they wouldn't even be there even though it was court ordered. I obviously didn't hear the conversations between the mediator and her after we went to separate conference rooms. Just from what the mediator told me we both got our butts chewed for some of our behavior. Despite this and my explaining the need for some of my behavior, I liked the way the mediator handled things. He told my attorney and I we were much better in our presentation of facts and handled things in a more mature manner all around. Bottom line: it appears that shared joint custody remains in effect with neither parent designated primary. We actually also appeared to come to an agreement on property issues. We have to address some more issues but given the way the mediator handled things I believe he will put it all in perspective for both of us and we will get it done with no trial. I am very glad I insisted on the attorneys being there. Her attorney wasn't pleased with it, but my attorney handled things in a short and to the point manner, and I never would have been able to accomplish what he did.

Friends you get what you pay for in an attorney and divulging all info, good or bad, to your attorney is crucial. If they are good at their job they can turn the bad around for you and still make a good case.