Legal Question in Family Law in California
I recently substituted my lawyer out and am currently representing myself in Los Angeles Superior Court. This is a child custody matter.
I emailed the opposing counsel today requesting she get back to me next Friday with respondent's selection of one of the new pediatricans I proposed in that same email. Opposing counsel responded saying, "This is something you can deal directly with respondent about." Isn't opposing counsel required to treat me like I am an attorney and respond to my requests? If so, what is the best way to get the lawyer to do his job?
2 Answers from Attorneys
Regarding your first question, yes and no. The other attorney should respond to your requests, and it sounds like she did, although she obviously did not respond in a way that you liked. It's fairly common for attorneys to encourage their clients and opposing parties to work together, especially in child custody matters, because that is what is in your best interests. The truth is that clients often rely too much on their attorneys for day-to-day resolutions of custody issues instead of their own parenting skills. Unless there is domestic violence, it's highly unlikely that there is any benefit to you involving the attorney with the issue of choosing a pediatrician for your children. Part of a family law attorney's job is to prepare his or her client for the new parenting situation he or she is facing. That can mean teaching their clients to interact with the other party in an appropriate manner.
Also remember that in situations where both parties are represented, there are many instances where the attorneys will agree to instruct their clients to work the particular issue out between themselves.
Good luck!
The issue of which pediatrician to use for your child would normally be done by the parents talking to each other. Opposing counsel is attempting to do his job and reduce the amount of attorney fees. Insisting that his attorney participate in decisions such as this may result in the court ordering your to pay his attorney fees or other sanctions. Attorneys are involved at this level only when the parents are unable to discuss these issues. If this situation is the result of one of the parties the court may use that as the grounds for ordering that parent pay attorney fees. Although you are representing yourself, you unlike an attorney can still discuss the matters with him.