Representing myself, and I have a question.

[Supmom810]

What is the name of your state? FL

Hi everyone. I filed a petition to modify child support and am representing myself.

Question is, after almost 90 days of no response from my ex, we have a court hearing, he shows up with an attorney. I do not have a problem with him having an attorney, my problem is, it's an attorney that I had a consultation with last August in regards to her representing me in this case.
Does anyone know if just a phone consultation would qualify for me to file a motion to have her removed from this case because of conflict of interest, former client. This attorney also represented my brother and we ended up firing her because we didn't agree with the way she handled his criminal case. I'm just not sure what kind of notes she took during our conversation.
Thanks so much for any advice.

 

[HomeGuru]

What is the name of your state? FL

Hi everyone. I filed a petition to modify child support and am representing myself.

Question is, after almost 90 days of no response from my ex, we have a court hearing, he shows up with an attorney. I do not have a problem with him having an attorney, my problem is, it's an attorney that I had a consultation with last August in regards to her representing me in this case.
Does anyone know if just a phone consultation would qualify for me to file a motion to have her removed from this case because of conflict of interest, former client. This attorney also represented my brother and we ended up firing her because we didn't agree with the way she handled his criminal case. I'm just not sure what kind of notes she took during our conversation.
Thanks so much for any advice.

**A: yes, the telephonic conversation would be grounds to claim a conflict of interest.

 

[Supmom810]

That's what I thought. Well for starters, I called her office to speak with her about this and she refused to speak with me because I am pro se. So, I wrote a letter to the Florida Bar and sent a copy to her and the judge. The judges office called me this morning and said he could not accept it in the context it was sent due to not all parties being present, that I would have to file a motion.
I have the motion typed up, but can anyone tell me the correct title I should use for the motion?
Also every time the boys go to my ex's for visitation, he continuously brings up this to them. They do not want to be put in the middle and are asking to not have to go to their fathers. I know I don't have the right to keep them from going, nor do I want them to not see him, but do they have the right to not go if they don't want to? They are 13 & 14.

 

[stealth2]

If there is an order for visitation, they have to go. Can't they simply tell their Dad they don't want to hear it?

 

[Supmom810]

thats what I tell them, they say "Dad doesn't listen to us". I've even gotten into a screaming match with him over this. I guess all they can do, is hope that he can't get a ride to pick them up (he lost his license to a DUI) I have been driving them to and from his place for the past year, but now he tells me I'm not allowed on his property. I guess I hurt his feelings that I filed a modification. Oh well, thanks for the advice.

 

[nextwife]

Seems reasonable to me. My 6 year old has NO problem protesting when she doesn't want me to talk about something with her.

 

[stealth2]

My kids have told me that they just tune their Dad out when he starts.

 

[nextwife]

Good for them.

Mine, being 6, still does that "plug the ears with her fingers and sing" thing when she doesn't want me to talk to her about something. It's really hard not to laugh, especially if I'm trying to be serious about something.

 

[BL]

<plugging ears and singing > " La La La La La La La "

 

[nextwife]

Ha. Ha. Ha. Ha. Ha. Ha!


And if that fails, theres the everpopular plug the ears and hum. HMMMMMMMMMM.

 

[desperateDaddy]

As far as the lawyer conflict is concerned a phone counciling does not bind her to your case, nor is a conflict. Until you pay her/him financially to obtain their sevice and sign a confidentiality contract I dont think in constitutes a conflict. This is what I was told 6 years ago in Florida during my divorce.

 

[BL]

Keep in mind,with or without a Lawyer,federal & State Child Support Guidelines Apply.

There are financial disclosures ,Etc. I suppose a lawyer could look for loopholes , Etc., but the bottom line is if the parent is working in job(s) with substantial income Fed. & State taxes have to be paid and there are records.

 

[lostagain]

I'm not a lawyer

but hope to offer some advice. I have been dealing with the FL courts now for the past two years. I am presently going to file a motion for recusal of the Judge that has been hearing the case because of his prejudice. It seems interesting that though you filed notice they did not respond and then he shows up with an attorney to the hearing - couldn't you have requested a default because he failed to respond? Also it wouldn't hurt to try and request "recusal" of his attorney for violation of confidentiality reasons. I guess what matters is exactly what you did discuss with this attorney. If you told all the ins and outs of the case I would think there are grounds there. I was in the law library yesterday and looking at a book I think was Family court procedures and they had a section on Lawyer ethics and rules. Go to your local law library and see if the librarian could direct you to a book of these rules - they were pretty explicit about what a lawyer could and could not do and also listed cases that had been tried in relation to those problems - such as a lawyer that represented one party and then later represented the other party for the same case! Very interesting cases and rulings. I was looking at several books that day: FL Rules of Court (State) which also shows format of Motions and such also FL Family Law Rules and Words and Phrases book -- not sure which Lawyer portion was in. I also had problems with my last lawyer and will deal with that once I deal with the more immediate problems of having lost all my property and more. I did find a section that stated there are no time limits on motions that are based on fraudulent financial affidavits. Time is everything in many aspects of your case including filings and responses - be sure to keep up on those aspects - especially if you are pro se like me.

 

[desperateDaddy]

I agree with this post as it is worth looking into.
Yes there is an attorney/ client priveledge and confidentiality. But keep in mind she was not technically a client until a written agreement is made binding the two....I hope for your sake there is a loophole to this

 

[stealth2]

Yes there is an attorney/ client priveledge and confidentiality. But keep in mind she was not technically a client until a written agreement is made binding the two....

Actually, even if it was nothing more than a free consultation - it may well be conflict of interest as the OP would have given information that one may not necessarily provide to the opposing attorney. It doesn't really revolve upon whether there is a retainer/agreement between them.