Legal Question in Family Law in California
Wifes' paralegal has taken my words out of context
I have a fool for a client, myself. Will talking with my soon to be ex-wifes paralegal, I requested some items. The paralegal has since added a declaration against what we had talked about. He has taken my words out of context and also has mis-stated me. We have a court date in the near future. Can I use an objection goes to the bias of the witness to get his declaration disqualified or is there a better way to do this?
3 Answers from Attorneys
Re: Wifes' paralegal has taken my words out of context
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
It is possible to have all or part of a declaration excluded from evidence based upon various objections thereto under the Evidence Code. However, as you implied in your statement of the question there is a better way to do this. Contact an experienced Family Law attorney for specific advise and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Wifes' paralegal has taken my words out of context
The better objection is that the discussion was part of negotiations, which cannot be used as evidence. I would suggest that if you have a hearing upcoming that you think about hiring an attorney or you may feel like restating your first sentence. Good Luck, Pat McCrary
Reply: Wifes' paralegal has taken my words out of context
You will need your own declaration.
Good luck to you!
Brian Levy, Esq.
Law Offices of Brian Don Levy