Legal Question in Family Law in Iowa

Is attorney required to attend hearing

Divorce settled out of court on May 27, 2004. I still have attorney as all of the settlement issues have not been completed (i.e. QDRO). I have scheduled a hearing with court to obtain Partial Satisfaction of Child Support and Alimony as my x-wife refuses to sign statement even though I have met all stipulation requirements. My attorney says she is REQUIRED to be at the hearing because she is still identified as my representation. The Clerk of Court says its optional for my attorney to be present. Is it required (or just desirable) for my attorney to be present at this hearing?


Asked on 11/01/04, 3:50 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Is attorney required to attend hearing

You need to obtain your attorney's consent to "substitute" yourself as your own attorney. Otherwise, the Judge is likely to penalize you and your attorney of record, for wasting Court time. The Clerk is wrong, or you asked the wrong question, or you misunderstood the answer.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 11/05/04, 11:29 pm
Robert Luedeman solo practitioner

Re: Is attorney required to attend hearing

I'd cover myself and have the attorney there....after all, you can't sue the Clerk for malpractice...

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Answered on 11/01/04, 4:43 pm


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