Legal Question in Family Law in California

Lawyer issues

I recently posted a question titled ''Problems with Lawyer''. After reading the condescending reply I received from a lawyer, I realized I left out a key piece of information which may or may not have an effect on the answer to my original question. During the event in which the police report was filed, the responding officers supposedly witnessed an assault take place, and also took photographic evidence of the destruction the ''assaulter'' did to physical property not belonging to him. This may or may not have an effect on the answer but in the hopes some other lawyer may view the question, I wanted to give the additional information.


Asked on 4/16/08, 3:28 am

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Lawyer issues

"responding officers supposedly witnessed an assault take place"

well if that's true, then have the police officers that supposedly witnessed the assult testify.

calling an attorney incompetent because he or she wont let you set the strategy is irresponsible. especially when you know nothing about the evidence code.

by your own admission you lack funds. you cannot have an OJ type trial without sufficient funds.

maybe you should offer to give your attorney enough money to depose the officers who supposedly witnessed an assult so he or she can ask them what they saw before calling them to testify.

if you have a photograph of damaged property, you have nothing more than a photograph of damaged property. although you might get that into evidence (so long as the person who took the photograph testifies), you cannot connect it to the "assaulter" without a eye witness. if you have the witness, why would you need to go through the time and expense of obtaining the photograph? is the amount of damage relevant to your case? what is the issue?

you see family law attorneys more than the others have to be very creative in how they present their cases. they don't always have OJ money and if they did, they don't always get the court time to put on OJ type cases.

i don't know whether or not your attorney is "incompetent." it sounds like you have two different stratigies. you should either terminate your attorney or let him or her guide the ship.

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Answered on 4/16/08, 12:33 pm


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