Legal Question in Family Law in California

Problems with Lawyer

I told lawyer I wanted to subpeona a police report for a DV offense commited by the other party in my custody case. My hearing is soon and she said we can't do it since we won't get it in time for hearing, but instead she would ''mention it to the judge'' and give him PR # so judge can obtain a copy of it ''if he wants to.'' I strongly believe this report will be detrimental to my case and feel we should subpeona it anyway and ask judge for an extension. She says upcoming hearing (will be first) is it and no matter what a judgement will be reached that day whether it's in my favor or not, so not time to supeona PR. Isn't a judge granting an extension a fairly regular thing in family court? And will this hearing really be the end, no matter what? I've heard of custody battles going on for months before. I feel my lawyer is being lazy and doesn't want to fight for me. And also think because respondent doesn't have lawyer, my lawyer thinks she has it easy. Mediator is already siding with respondent and I am truly worried that I will end up with a parenting plan that will NOT be good for my son, because of poor representation! I can't afford new lawyer now. Would I be better of going at it alone vs incompetent lawyer? Please advise!


Asked on 4/16/08, 12:45 am

1 Answer from Attorneys

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

Re: Problems with Lawyer

lets see... the police arrive at the scene. they talk to witnesses and write a police report. wouldn't it be better to call those same witnesses to the witness stand? you do realize that your attorney will not get the police report into evidence because it's full of hearsay. perhaps your attorney is not as incompetent as you think.

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Answered on 4/16/08, 1:43 am


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