Legal Question in Family Law in California

Can your attorney waive your rights?

During our settlement conference, I stated in court that I had never received a Final Declaration of Disclosure from my ex. But my attorney then added that ''we'' were waiving it, anyway. When I asked him why he said that, he said that the Judge wouldn't enter the MSA if he hadn't said it. But it seems to me the proper thing to do then is GET a Final Declaration.

I also never signed the MSA, because I didn't agree with waiving the Final Declaration. Yet that version of the MSA was ''entered'' in court.

Can your attorney ''waive'' your rights, just like that? I was under oath, but he hadn't taken any oath. Please tell me when your attorney's words equal your own words, and when it is only your own testimony that counts. Thanks.


Asked on 7/25/06, 10:13 am

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Can your attorney waive your rights?

In a general sense, waving a Final Declaration of Disclosure is governed by Family Code Section 2105. It must be done by the parties and can not be done by the lawyers. You can obtain a copy of this Family Code Section at www.leginfo.ca.gov/index.html.

For a specific opinion regarding your individual circumstances and how they relate to California Family Codes, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 7/25/06, 11:38 am


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