How can I stop the delays?

[sir_guy]

Hi, y'all:

Well it still drags on. The NJ now has a 3rd lawyer, she was dropped by the last two. Reason given: "Failure to unable to effectively communicate with client".

I filed a year ago last Dec. We had a custody hearing in May last year that went terribly for her, she showed up to court looking like heck (she's a 20-year alcoholic with a mean streak), got caught on the stand contradicting herself and telling falsehoods. Neither kid (s15, d20) want anything to do with her. Partly cuz she was a mean drunk, and partly cuz she abandoned the family years ago. She looked so crazy in court that she was awarded once-a-month supervised visitations with s15 during the hours of 10 am and 6 pm only -- no overnights.

There's a lot of other backstory, she broke into the house with movers and tried to take everything -- then got caught by the police in the act, she emptied out the family bills bank account, etc. And a whole lot more.

Well we had a court-ordered mediation a few months ago, and it was pointless. She acted crazy, at one point telling the mediator she would not ever pay any child support for any reason, there is no way anyone can make her, etc. So then that lawyer drops her, and now this week we hear from a 3rd one.

This fellow contacted my lawyer and says the NJ came in and told him the whole sad story of how the biased judge gave her a raw deal. He asked for a final hearing in late July, so that he can have time to review the transcripts of the first hearing and look at the evidence. He even said he's thinking about forcing a jury trial, since the judge was so biased! An extra $15k or so for a jury trial, my lawyer says. Now I'm sure this lawyer is gonna read the transcripts and such and go, "oh, she didn't get tooled, she earned her bad ruling" -- I'd love to be a fly on the wall when he takes a look at the actual evidence!

I instructed the lawyer to push back and tell them no, we want a hearing immediately, this has gone on too long. My lawyer was very vague in her response, and didn't give me any clear understanding of what our options are to force this. I like my laywer, but she is terrible at giving me the feedback i need. I'm almost as confused as I was before I spoke to her.

Does anyone know what the process is? How can we force a quicker hearing? Or can we?

[capslock]

I believe a July hearing is pretty speedy.

Opposing counsel and your attorney are likely pretty booked between now and July and your attorney is probably being vague because she can't do it before then.

[sir_guy]

Hi, Caps:

My lawyer had originally proposed a June date, actually. Do you know how it works, to set a date? Can her lawyer just get extra time by request, or do we have some recourse to force it sooner?

[capslock]

afraid i do not. fof, trevor, or the other mods and longer term guys might. all i know is in my county, 3 months isnt bad, 1st continuances are always granted, and july will be here before u know it.
u might be best served using the time to tighten up your case and evidence, as well as a meeting or two w your atty to get on the same page. dont trust your atty to not shoot from the hip. schedule appointments in mean time and practice.

[Trevor]

Lawyers work out dates of availability in consultation with the court calendar. If one is less than cooperative in organizing the date, the judge can set the date as needed. There may be meetings or conference call with both attys and the judge if calendaring a hearing becomes problematic. Continuances are not always granted; indeed one of mine was not.

[sir_guy]

Caps:

Understood. Altho this is just yet another delay, we were originally suppose to have the mediation and hearing by July of *last* year. But she changes lawyers, the new lawyer asks a few months to get up to speed. Then nothing happens for a while and we don't hear from her side. And then we go to the judge -- we had to go to the judge to get him to set a date for the mediation, since they would never agree to a date. Finally we did it the last week of January -- and it was a complete waste of time -- then we began trying to set a date for final hearing. Then we waited, and waited, with no response.

And now, another new lawyer contacts us, asking for more time.

[sir_guy]

Lawyers work out dates of availability in consultation with the court calendar. If one is less than cooperative in organizing the date, the judge can set the date as needed. There may be meetings or conference call with both attys and the judge if calendaring a hearing becomes problematic. Continuances are not always granted; indeed one of mine was not.

That explains a lot, thanks.

So there is just no way to tell, then. And probably I'll have to spend money to drag her to the court kicking and screaming.

Ugh.

[Trevor]

Your lawyer needs to go to the judge and ask for a firm date to be set, and that due to her demonstrated delays, your legal expenses are $n and should be reimbursed.

[sir_guy]

Your lawyer needs to go to the judge and ask for a firm date to be set, and that due to her demonstrated delays, your legal expenses are $n and should be reimbursed.

Yes, thanks!

I have told the lawyer I want to ask for legal expenses. My lawyer has been rather dismissive, and said she always asks but rarely does a judge ever grant them. I personally feel that the specifics of this case make it more likely he'll grant them.

[Oneforthree]

It definitely depends upon the court calendar as well. The judge has to be open on the docket. My ex had her third attorney try to delay to change status quo but was denied. However, the docket was booked and even though I called calendar management office routinely to see if my judge was available, no space was. 9 days of trial took seven months.

Have your attorney aggressively deny delays and push for your right to move forward.