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Going the Distance.....

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DAD10

Registered User
What is the name of your state (only U.S. law)? CA.
I received an invoice from my attorney for $2500.00 for a 15 minute court appearance, however the travel time was 3 hrs to and from court. I believe this to be acceptable.

I am also sending him a check for $15,000 to continue the case- which will be going to trial. I am past the point of no return in dealing with OP.
Am I correct that an attorney can bill for anything related to a case?
 


Hot Topic

Senior Member
Sure. He can bill you each time he talks to the opposing attorney. He can bill you each time he talks to you. He can bill you for the time it takes to do the required paperwork.
 

DAD10

Registered User
Whatever it takes**************..

Yes that is correct, I'm sending him another check to represent me-failed agreements @ 350.00 an hour are frustrating-this new check is for trial.
Whatever it takes:)
Thanks for your answer.
 

You Are Guilty

Senior Member
Not saying this will fly, but you may be able to negotiate a reduced rate for travel time. 2/3 or even 1/2 the hourly isn't that unheard of, particularly if there is a lot of travel involved. If nothing else, it doesn't hurt to ask.
 

garrula lingua

Senior Member
Also, are you married to this atty ?
Maybe hiring an atty who has an office across from the court (and knows the Judge & how s/he will rule) is a better option - no travel time & the court is their 'home court'.

How complex is your case ?

Don't waste atty time - it's $5.83 per minute, $29.15 for every five minutes; $58. for ten minutes.
Don't spend time on pleasantries w/the atty - get to business (and don't use the atty for hand-holding). That clock is ticking as soon as the phone connects, or the atty touches paperwork.
List your main goals; list all questions for the atty ahead of time - do research before asking the atty your questions.
Keep your questions succinct.
ID your goal and don't argue the small stuff.
Tell the atty, in writing, you want the case set for trial, with no continual negotiation with your opponent.
Only do the settlement conference as required by the court.
Make it clear to your atty, in writing, that you want to take the case to trial, as soon as possible & you don't want to be billed for back & forth correspondence with the other party's atty as you know they are intractable and this would not be productive.

What a shame.
$15,000. down the toilet & you're a Dad - meaning there's a kid who will need that money for college or a start in life.
Have you tried talking to the other party to see if both of you can keep the money earmarked for your child ????
In some areas there's a free Dispute Resolution Center; some pastors/priests/rabbis/reverends can also offer free counseling & resolution.
If this is a divorce, remember - you guys will probably share grandchildren; you will have to learn how to cooperate & coparent.

Also - always remember: at the end of the day, the Judge and the lawyers go home to their families, no matter the outcome. Only you & your opponent & child has to live with the consequences.
Don't think the atty owns the problem - you do. We go on, to the next case.

It has always amazed me that people who wouldn't trust their child with a stranger, would put their child's future in the hands of a Judge who may make a split-second decision which might be a totally rotten decision for the child (and/or for the parents).
Mediation may be a better answer than making the wounds deeper.


Why can't you buy Nolo's books and represent yourself ??
CA Courts are, frequently, deciding cases on the filings, not on trials (heck, they're pushing attys to stipulate to all but the main points, and even then they're telling the attys to go back out into the hall and settle the issues. About 98% of the cases are settled in the hallway).

Very good attys in CA are 'unbundling' services - you substitute in as representng yourself and you can hire an atty for only the court appearance, or only for help with pleadings or just for advice ...

Your call. If you have a prosperous business, a large 'separate property' issue, or a vicious opponent regarding child-sharing, maybe it's necessary to keep your current atty.
 
Last edited:

DAD10

Registered User
Thanks

I totally agree with your logic-
however OP wants to bring a 100 (LOL) points of discovery into a custody case-even the Judge was clearly frustrated with OP's attorney.

I am dealing with a party that clearly doesn't want to negotiate
a simple fair proposal were as I offered mom supervised visits with our son (for me)-which there is no reason other than an icebreaker was rejected.
I asked for visitations every other-weekend- rejected.

I have not seen son in over 6 mos OP wants no contact-I contacted MOM trying to get son some needs-her attorney made an issue of it.

Its her way or the highway-atleast until the Judge hears the case.
Then it will be another story.
I agree I would rather save the money for our son- the duality of it is spending this money fighting for our sons best interests is worth every dime.

So with my novel above being said-My representation is warranted:(

And yes I will be shortly instructing my attorney not to negotiate any further and go straight to trial.
I am way past the fact that mom and I are over-we will learn to co parent in time.

I believe she wants to raise our son -the way her mother raised her -without a dad-aint gonna happen.
Not in my lifetime.
 
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garrula lingua

Senior Member
.....some Judges bend over backwards to help pro pers. Especially when they have aggressive opposing attys.

Did you ask for a psychological exam (as in Evidence Code 730 - a psychologist who will examine the parties & testify to assist the court in deciding custody/visitation) ? They're expensive, but usually resolve the issues.

Well, good luck. The process is draining - even when you win.
 

CourtClerk

Senior Member
Also, are you married to this atty ?
Maybe hiring an atty who has an office across from the court (and knows the Judge & how s/he will rule) is a better option - no travel time & the court is their 'home court'.

How complex is your case ?

Don't waste atty time - it's $5.83 per minute, $29.15 for every five minutes; $58. for ten minutes.
Don't spend time on pleasantries w/the atty - get to business (and don't use the atty for hand-holding). That clock is ticking as soon as the phone connects, or the atty touches paperwork.
List your main goals; list all questions for the atty ahead of time - do research before asking the atty your questions.
Keep your questions succinct.
ID your goal and don't argue the small stuff.
Tell the atty, in writing, you want the case set for trial, with no continual negotiation with your opponent.
Only do the settlement conference as required by the court.
Make it clear to your atty, in writing, that you want to take the case to trial, as soon as possible & you don't want to be billed for back & forth correspondence with the other party's atty as you know they are intractable and this would not be productive.

What a shame.
$15,000. down the toilet & you're a Dad - meaning there's a kid who will need that money for college or a start in life.
Have you tried talking to the other party to see if both of you can keep the money earmarked for your child ????
In some areas there's a free Dispute Resolution Center; some pastors/priests/rabbis/reverends can also offer free counseling & resolution.
If this is a divorce, remember - you guys will probably share grandchildren; you will have to learn how to cooperate & coparent.

Also - always remember: at the end of the day, the Judge and the lawyers go home to their families, no matter the outcome. Only you & your opponent & child has to live with the consequences.
Don't think the atty owns the problem - you do. We go on, to the next case.

It has always amazed me that people who wouldn't trust their child with a stranger, would put their child's future in the hands of a Judge who may make a split-second decision which might be a totally rotten decision for the child (and/or for the parents).
Mediation may be a better answer than making the wounds deeper.


Why can't you buy Nolo's books and represent yourself ??
CA Courts are, frequently, deciding cases on the filings, not on trials (heck, they're pushing attys to stipulate to all but the main points, and even then they're telling the attys to go back out into the hall and settle the issues. About 98% of the cases are settled in the hallway).

Very good attys in CA are 'unbundling' services - you substitute in as representng yourself and you can hire an atty for only the court appearance, or only for help with pleadings or just for advice ...

Your call. If you have a prosperous business, a large 'separate property' issue, or a vicious opponent regarding child-sharing, maybe it's necessary to keep your current atty.
Posting Hx :cool:
 

DAD10

Registered User
Update

My attorney for the second time-contacted OP's attorney today in regard to a reasonable counter stipulation. I have instructed him -to not negotiate after 5 days from to today-if no counter is submitted.
 

DAD10

Registered User
Update 4/7

I have renewed my retainer with my counsel.
There has been no response as to a rebuttal.
I have asked my attorney to file for temporary visitations (paternity has been established).
I have also have been made aware that if I file for temporary visitations I may expect an RO-however since Ive made NO contact-the burden would rest with OP. If said party counters with an RO then I would do the same -as I have enough to warrant a R0.
It may be legal not to allow visitations but is not right and cruel-and not in the childs best interests not to bond with his father.
Trial would be 4 more mos off making it shy of a year before I could visit with our son. I do not believe this to be in the best interests of the child-I hope the Judge will see that to.
I want to keep this forum abreast of the matter-in hopes that others will learn from it-as I have been able to. Thanks
 
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