Legal Question in Family Law in California

Client Rights

A prelimanary disclosure was not given from my husband when we entered into a settlement on court steps. I questioned my attorney on this but was under duress since the day at court was suppose to be about a prenuptial ruling from judge. I found out later that my rights were taken away. Nor did I file a waiver signing away my right to see prelimanary disclosure. Now where in a battle because when I did recieve Prelim and Final disclosures it was inncorrect and not complete.My attorney does not want to file motions for setting aside judgement. I have talked to her many times on top of this my husband has been in contempt of court for non payment since Nov 2002. My question is can she refuse to file motions I request she says its not in my best interest? Help!


Asked on 4/02/03, 3:28 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Client Rights

If she does not want to file the motion, and you insist, she should sub out.

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Answered on 4/02/03, 3:43 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Client Rights

Given the facts as you present them, you should obtain a second opinion. If you want a motion filed, and your attorney refuses to do so, find another attorney. A second opinion might help you clarify whether or not the motion you are contemplating is worth while.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 4/02/03, 4:34 pm


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