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| *Ostroff, Fair and Company>>>Law & Legal |
Child custody-continuance? |
I spoke with my lawyer last week his lawyer said he would like to ask for a continuance, I informed my lawyer that I did not want it continued. I got a call last Friday from my lawyers saying case has been continued. Had weird feeling in my stomach so this morning went to court for a copy of the motion his lawyer filed last week, there wasnt one. As a matter of fact today in court without giving me the opportunity to be heard his lawyer informed the judge that him and my lawyer agreed to continue the case. Is this legal? Can she agree without my consent and shouldnt I have had an opportunity to be heard today? What type of lawyer might assist me with this kind of case? In my state (FL) the rules require that the client sign a consent for continuance. It is not always enforced by the courts tho. As the client, you have the right to control the litigation, including continuances, settlement offers, etc. The only area that the atty controls here is legal strategy. Source(s): http://www.floridabar.org/divexe/rrtfb.n... yes I think it's technically legal. It may not be morally right; your lawyer is supposed to do what you want. However, the continuance is usually granted because one or both parties aren't ready to proceed - so if the other lawyer isn't ready the judge will still grant a continuance. You need to be firm with your lawyer and tell her you want this over with ASAP and ask her what you have to do to make it happen. |
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