Don't want an extension

[melissa3]

Dear Soc,

I am completely lost on this.

I live in and this case is being heard in MA.

I have a trial date on June 8th at which my case for custody, visitation, and CS will be heard.

This trial date has been set for three months. My lawyer, however, is filing for an extension on May 26th because he has an appointment to get Lasik Eye surgery done the day of trial.

According to my lawyer, if we were to get the extension it could take 3 months or more for me to get a new trial date.

Currently I have supervised visits and, as I told my lawyer, if I don't go to trial on the 8th I will not be able to continue to afford those visits and keep up with my CS obligation.


1. Do I have the right to tell my lawyer not to file an extension?

2. Am I obligated to pay for the work my laywer puts in to file an extension for my case??

3. If the extension is granted, do I have the right to ask for a speedy trial date?

Thank you for your time

[socrateaser]

>1. Do I have the right to tell my lawyer not to file an
>extension?

You can tell him that if he doesn't postpone his surgery that you will file a complaint with the MA State Bar Association (or whomever is the disicplinary agency in the state). His need for surgery is reasonably foreseeable (put intended) in advance of trial and there is no reason why he should be permitted a continuance.

This is an actual conflict of interest between your attorney and you and it could subject the attorney to suspension or disbarrment.

I would word your letter in a non-adversarial tone, i.e.: "I am dismayed that you are putting a cosmetic eye surgery ahead of my trial date, and then telling me that the next trial date may be 3 months from now, when you know that this will prejudice me by requiring a significant delay in my obtaining justice in this matter as well as additional expense.

I feel that your actions are not only unfair, but that they may be an actual conflict of interest between you and me, and that your creation of such a conflict may subject you to discipline by the State Bar. I would prefer not to have to file a complaint in this matter and I would appreciate it if you would reconsider your position, before filing for a continuance/extension."

Or, you could simply fire the attorney, but that would probably mean that you'ld need your own continuance to find new counsel.

>2. Am I obligated to pay for the work my laywer puts in to
>file an extension for my case??

Not if you dispute this use of your funds in writing, when you receive his statement. The money must remain in the lawyer's trust account until the dispute is resolved.

>3. If the extension is granted, do I have the right to ask for
>a speedy trial date?

No. Sixth Amendment right to a speedy trial is only applicable to criminal proceedings.

[melissa3]

Thank you for your advice above.

Soc,

(It's been almost a year since this case started.)

If you can recall, I have been ordered to undergo a drug evaluation and supervised visits. I have started the evaluation but my evaluator has no open appointments for me and is booked past my trial date, June 8th. I need to find a new evaluator or see if the judge will drop the evaluation.

Also, there is absolutely no way I can afford my CS obligation, the evaluation and supervised visits each week ($160 for 2 hours) on top of my cost of living.

I have been off my prescrption for months/since this all started; I very well could pass a drug test.

I asked my lawyer to file a motion to drop the evalution/supervised visits. As you may recall, he's filing for an extension on my trial date as well (for his eye surgery.)

He mailed me a letter claiming he spent time with the probate dept to find out what I can do with the evalution. He said he's not going to file for the evaluation to be dropped and instead I need to find another, cheaper evaluator.

Like I said, I cannot afford this, no matter how cheap the evaluation is.

I called him back stating I need the evaluation and supervised visits to be dropped so I can keep up with my CS obligation.

He returned my call saying he won't file as it will be a waste of time because the judge and other lawyer won't agree to it.

I have a hearing this Friday, the 26th.

Questions:
1. What more can an evalution do if I am already off my prescription??

2. If my lawyer won't file this, can I just file the motion myself or bring this motion up myself in court?

3. What do I need to prove to the jugde the irrelevence of the outcome of the evalution?

4. Can I ask the judge to let me just undergo random drug screens instead of a full evalution???


Thank you.

[socrateaser]

>Questions:
>1. What more can an evalution do if I am already off my
>prescription??

Provide third party expert testimony that you're not addicted.

>2. If my lawyer won't file this, can I just file the motion
>myself or bring this motion up myself in court?

Not unless you fire your attorney first.

>
>3. What do I need to prove to the jugde the irrelevence of the
>outcome of the evalution?

You can't, because it IS relevant. You were caught using and the court wants to ensure you're not a danger to the child or yourself.

>
>4. Can I ask the judge to let me just undergo random drug
>screens instead of a full evalution???

You can ask, but the cost of your attorney filing that motion will exceed the cost of the evaluation.

[melissa3]

Soc,

I was only caught using my prescription. I never abused it. However, I was caught on tape taking my medication in a way that was not prescribed. There was never any "concrete evidence" that I was a danger to anybody.

I would like to explain to the judge that an evaluation is almost useless as I havent taken my medication in over 8 months. A simple hair folicle test would prove that.

I feel I random testing would better prove my sobriety.

Questions

1. What, if anything, I can do to persuade the judge that random testing would be the most beneficial way to prove I am substance free and no longer a danger to my daughter??

Thank you again

[socrateaser]

>Questions
>
>1. What, if anything, I can do to persuade the judge that
>random testing would be the most beneficial way to prove I am
>substance free and no longer a danger to my daughter??

You could offer to take a poygraph and submit to random testing, but that will cost more than the eval. You're tilting at windmills. Find the money and do the eval. Just suck it up and stop fighting.

[melissa3]

Thank you for your advice above.

Soc,

(It's been almost a year since this case started.)

If you can recall, I have been ordered to undergo a drug evaluation and supervised visits. I have started the evaluation but my evaluator has no open appointments for me and is booked past my trial date, June 8th. I need to find a new evaluator or see if the judge will drop the evaluation.

Also, there is absolutely no way I can afford my CS obligation, the evaluation and supervised visits each week ($160 for 2 hours) on top of my cost of living.

I have been off my prescrption for months/since this all started; I very well could pass a drug test.

I asked my lawyer to file a motion to drop the evalution/supervised visits. As you may recall, he's filing for an extension on my trial date as well (for his eye surgery.)

He mailed me a letter claiming he spent time with the probate dept to find out what I can do with the evalution. He said he's not going to file for the evaluation to be dropped and instead I need to find another, cheaper evaluator.

Like I said, I cannot afford this, no matter how cheap the evaluation is.

I called him back stating I need the evaluation and supervised visits to be dropped so I can keep up with my CS obligation.

He returned my call saying he won't file as it will be a waste of time because the judge and other lawyer won't agree to it.

I have a hearing this Friday, the 26th.

Questions:
1. What more can an evalution do if I am already off my prescription??

2. If my lawyer won't file this, can I just file the motion myself or bring this motion up myself in court?

3. What do I need to prove to the jugde the irrelevence of the outcome of the evalution?

4. Can I ask the judge to let me just undergo random drug screens instead of a full evalution???


Thank you.

[socrateaser]

>Questions:
>1. What more can an evalution do if I am already off my
>prescription??

Provide third party expert testimony that you're not addicted.

>2. If my lawyer won't file this, can I just file the motion
>myself or bring this motion up myself in court?

Not unless you fire your attorney first.

>
>3. What do I need to prove to the jugde the irrelevence of the
>outcome of the evalution?

You can't, because it IS relevant. You were caught using and the court wants to ensure you're not a danger to the child or yourself.

>
>4. Can I ask the judge to let me just undergo random drug
>screens instead of a full evalution???

You can ask, but the cost of your attorney filing that motion will exceed the cost of the evaluation.

[melissa3]

Soc,

I was only caught using my prescription. I never abused it. However, I was caught on tape taking my medication in a way that was not prescribed. There was never any "concrete evidence" that I was a danger to anybody.

I would like to explain to the judge that an evaluation is almost useless as I havent taken my medication in over 8 months. A simple hair folicle test would prove that.

I feel I random testing would better prove my sobriety.

Questions

1. What, if anything, I can do to persuade the judge that random testing would be the most beneficial way to prove I am substance free and no longer a danger to my daughter??

Thank you again

[socrateaser]

>Questions
>
>1. What, if anything, I can do to persuade the judge that
>random testing would be the most beneficial way to prove I am
>substance free and no longer a danger to my daughter??

You could offer to take a poygraph and submit to random testing, but that will cost more than the eval. You're tilting at windmills. Find the money and do the eval. Just suck it up and stop fighting.