Legal Question in Family Law in Florida
Thank you Brent Rose for responding to my question regarding mediation services and being able to be available telephonically. Enclosed is what my attorney responded with once I explained what you recommended. . . .
That is not exactly accurate. Yes the Mediation and Diversion Services are
equipped to handle telephonic mediations and yes it happens quite frequently.
However, generally, the other side has to agree to a telephonic appearance or
you have to obtain the court's permission. We initially asked her attorney if
he and your ex would waive your appearance and we articulated your reasons.
Her attorney did not agree because he felt, "it would be more productive if you were here in person". Without the agreement, we had to seek the Judge's permission. That is why the need for the motion and their subsequent objection. Now we need the judge to make a ruling. I think your arguments are strong but we will have to see what happens at a hearing.
Is this true???
1 Answer from Attorneys
Well, there are ways of doing things and ways of getting things done.
The first and last time I asked opposing counsel whether my client could appear by telephone (I was just a baby lawyer back then), opposing counsel, treating me like the baby I was, said, "Well, I just don't think the mediation would be meaningful if we allowed that."
Substitute "meaningful" for "productive" and this will all sound familiar to you. And neither of those words has any real definition in this context. (I still don't know what "meaningful" means.) So I filed my motion for telephonic appearance and, as the judge granted it, he looked at me as if to say, "You poor baby lawyer, you'll never make this mistake again, will you?" And I never did.
How often is the other really going to agree to something in a divorce case?
The bad part was my client looking at me as if to say, "You've just spent $500 of my money on lawyer's fees because you're a baby lawyer, right?"
The bad thing for you is that, not only are you spending extra money on lawyer's fees, what will you do if the motion for telephonic appearance is denied?
It's always good to follow your lawyer's advice, so that's what you should do. What else can you do at this point? But there are ways of doing things and ways of getting things done. My way is both.
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