Legal Question in Family Law in Hawaii
Court Procedure
As my daughter has already paid an attorney aprox. $6500 and is said to owe a further $2000 plus whatever a trial will cost and the atty's total achievement thus far is a $600 per month payment for her and 3 children [which the atty retained for payment]would I be allowed to represent her in the trial and take the oath and enter the box to be a witness also?
1 Answer from Attorneys
Re: Court Procedure
Nobody may represent another in court unless they are an Attorney (or a Law Student practicing under a special Supreme Court rule.) If you are an Attorney then you may not testify in your own client's (your daughter's) proceeding. However, you can fire your present Attorney and hire another Attorney to represent her. The old Attorney would then withdrawl from the case. You can act as a witness at her trial if you are not an Attorney. It is also odd to me that the $600 child support payment was retained by the Attorney for payment of legal fees this is NOT allowed. I think I understood your question but I am not sure. If you have any further questions feel free to call me at 808-526-0892 or 808-561-3521.
Aloha, Jon A. Zahaby