Representing myself, and I have a question.

[Supmom810]

I will be filing a motion to have his attorney removed from the case next week (recommended by judges asst.) that is the only way the judge will know my history with the attorney.
I finally am in receipt of his disclosures, but the financial affidavit was missing, plus he only supplied info on one of his bank accounts. I don't think he realized but a copy of a check from his other (the big one) account was attached to his tax return. I have alot of work ahead of me, but I am determined to do this myself. Let him throw around the money with one day notice attorney. Good news is that the boys are asking to go to their fathers this weekend. One of their friends is having a b-day party, so I guess that makes up for dad trying to pump info
I really appreciate all the input everyone has given. I will keep you posted on what is going on.
Oh yea, when I serve the interogatories, can I ask for copies of the business accounts bank statements for the past 3 months?

Thanks again

 

[Supmom810]

Well, I guess his attorney doesn't like the fact that I filed a complaint. I got a notice of hearing for a Motion for Clarification of Representation of former husband. Attorney claims that she keeps detailed notes and has nothing of ever speaking with me, guess if that is true, that is good for me. But she also claims she has no recollection of ever having to speak with me or meet with me. I think she should of stated that she hadn't for this case, cause I had direct contact with her and even have written correspondence from her on my brothers case.
Anyway, she is asking the court for me to clarify the conflict of interest as she has no records. How am I supposed to clarify it. I didnt record our phone conversation. I just know that I spoke with her. (I guess getting a free consultation isn't a good idea) My ex has the money to hire any attorney he wants to, and will hire another one if she is pulled off this case, so what would my reasons be for making this up? It's her that states two untruths in her motion. So now what? Will us going in front with nothing that has to do with the child support modification upset the judge? It really bothers me cause she is making me out to look like the bad guy and I only told the truth.

 

[stealth2]

If you have written correspondence, you can show that you have had contact with her. What's the problem?

 

[Boxcarbill]

Well, I guess his attorney doesn't like the fact that I filed a complaint. I got a notice of hearing for a Motion for Clarification of Representation of former husband. Attorney claims that she keeps detailed notes and has nothing of ever speaking with me, guess if that is true, that is good for me. But she also claims she has no recollection of ever having to speak with me or meet with me. I think she should of stated that she hadn't for this case, cause I had direct contact with her and even have written correspondence from her on my brothers case.
Anyway, she is asking the court for me to clarify the conflict of interest as she has no records. How am I supposed to clarify it. I didnt record our phone conversation. I just know that I spoke with her. (I guess getting a free consultation isn't a good idea) My ex has the money to hire any attorney he wants to, and will hire another one if she is pulled off this case, so what would my reasons be for making this up? It's her that states two untruths in her motion. So now what? Will us going in front with nothing that has to do with the child support modification upset the judge? It really bothers me cause she is making me out to look like the bad guy and I only told the truth.

\

You are the one who filed a Motion to Recuse the attorney so the burden of proof is upon you to prove the conflict of interest. The attorney's representation of your brother in another matter is irrelevant to any alleged conflict of interest in the current litigation. It is not the same issues nor even the same parties. You are going to have to prove that you disclosed matters that she could effecting issues in this case that she would not have otherwise learned. After all the purpose behind prohibiting representation wherein there is a conflict of interest is to prohibit a party from gaining an unfair advantage in litigation. Now considering discovery and what all is discoverable, you are going to have to a tough job coming up with something in a phone conversation. It can be tough to get an attorney recused when the lawyer doesn't roll over and withdraw from representation when one yells, "conflict of interest."

But this is exactly why it is an extremely poor idea to give phone consultations. A free initial consultation should always be in office and listed in the appointment book. If they "no show," and many will, then that is listed as an "n/s" on the books. If the person cannot bother to get dressed and come into the attorney's office , the attorney should not be wasting their time as well as running the risk of having to recuse themselves from representation of another.

 

[Supmom810]

If the person cannot bother to get dressed and come into the attorney's office , the attorney should not be wasting their time as well as running the risk of having to recuse themselves from representation of another.

Boxcarbill,
This is definately not the case here. It was the attorney's office that scheduled the phone consultation.
Can you tell me how detailed an appointment book should be for an attorney's office? I know our appointment has to be in there somewhere. Could it be possible that it was deleted since our conversation didn't end in an agreement of representation? Actually as time passes, I don't really care that she is now representing him. I think what bothered me so much was that, I thought I was doing the "mature thing" by calling her, but she would not even talk to me about this. I just wanted to find out how much of our conversation she remembered, afterall, it was awhile ago. Oh yea, I never filed a motion like I wanted, I just wrote a letter to the bar questioning this and sent a copy to her and the judge. If she had taken the time to speak with me, and not have her secretary relay to me, "I don't know what to tell her, file a motion if she thinks she needs too" and be all defensive like people are when they know they are in the wrong, we wouldn't even be going in front of the judge about this next week.
Your input was much appreciated.
Have a nice day!!!

 

[Boxcarbill]

Boxcarbill,
This is definately not the case here. It was the attorney's office that scheduled the phone consultation.
Can you tell me how detailed an appointment book should be for an attorney's office? I know our appointment has to be in there somewhere. Could it be possible that it was deleted since our conversation didn't end in an agreement of representation? Actually as time passes, I don't really care that she is now representing him. I think what bothered me so much was that, I thought I was doing the "mature thing" by calling her, but she would not even talk to me about this. I just wanted to find out how much of our conversation she remembered, afterall, it was awhile ago. Oh yea, I never filed a motion like I wanted, I just wrote a letter to the bar questioning this and sent a copy to her and the judge. If she had taken the time to speak with me, and not have her secretary relay to me, "I don't know what to tell her, file a motion if she thinks she needs too" and be all defensive like people are when they know they are in the wrong, we wouldn't even be going in front of the judge about this next week.
Your input was much appreciated.
Have a nice day!!!

Oh golly. Gee whiz. And shucks! You didn't file a Motion to Recuse! You just went straight to the state bar grievance committee with a letter of complaint and then copied the judge, ex parte, with this complaint. Then you wonder why she has come out fighting. You really didn't think this one through! Decisions made in haste are often regretted in leisure. Rein in passion least it outrun wisdom. And all that jazz. You put in her a very bad position. She has no choice but to set this for hearing to defend conduct. She did absolutely the correct thing in not speaking to the opposing party during current litigation. This is a major problem for attorneys with pro se litigants . She absolutely did the correct thing by having her secretary convey the message. That way she can, at least, subpoena the secretary to the stand as a witness with first hand knowledge of the facts. You accused her conflict of interest and they you think that she would be willing to talk with you when she is representing the opposing party in a pending litigation! Talking about making bad matters worse, that would do it had she spoken to you.

As to appointments book, they are appointment books. Nothing magical about them and there is no required form to them. They can show a lot of things and all are different. Mine shows scheduled appointments, trials/hearings, depositions, etc. I just happen to write "n/s" through clients that do not show up and I erase or white out canceled appointments done far enough in advance so that others can be booked in that time slot. If they cancel at the 99th hour, then I write "canceled" through the name so that another appointment will not be booked for that person who waits to cancel until it is to late to schedule someone else.

 

[Supmom810]

ok BoxcarBill you have me all flustered and feeling bad. You're right, I didn't think this through, but I did call the Attorney Consumer Assistance Program (ACAP) and explained my situation. They are the ones that told me to write the letter. I only followed their instructions. I'm not really a bad person, promise.

Trust me, I don't like being Pro Se, or the rep that comes with it, but I can not afford the attorney fees right now. Thank you for your help and wisdom.