Legal Question in Family Law in California

Can a lawyer submit a proposed order for back child support without his client's knowledge or approval?


Asked on 12/27/09, 12:13 am

1 Answer from Attorneys

That depends on the circumstances of the submission. Frequently after a hearing, one of the attorneys will be directed to prepare and submit a proposed order that conforms to the ruling at the hearing. In that circumstance, for example, the client would have no say in the matter since the court had directed the prepareation and submission. Many local rules also call for submission of a proposed order when filing an OSC or motion. In that case as long as the attorney is preparing the motion or OSC with the client's knowledge and approval, submitting an order that accompanies the motion would not be something the client would be consulted about. In fact, I'm hard pressed to think of any circumstance in which the proposed order itself would be the subject of any discussion with the client, because it is really just an administrative task that accompanies some other action or event in the case. So without more information on how and why you would be concerned about the order itself, I would have to guess at what unusual circumstance would have made it inappropriate.

Read more
Answered on 1/01/10, 10:57 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California