Legal Question in Family Law in Missouri
Seeking a Continuance in a Divorce Case
A friend wants to change counsel (pretrial divorce) because she feels that she is not being adequately represented.
She was advised by potential new counsel to ask her current attorney to file a motion for a continuance (trial date scheduled for April 2) but ALL her requests to her current attorney seem to fall on deaf ears and she feels the same thing will happen with this request.
She is at her emotional wit's end. What can she legally do? Can she somehow address the court herself and ask for a continuance, as she is seeking new counsel?
I thank you in advance to your response.
1 Answer from Attorneys
Re: Seeking a Continuance in a Divorce Case
In my experience there is usually much more to the story when someone waits until just before a trial to want to fire their attorney. The client's dissatisfaction didn't just happen overnight. At any earlier point in time the client could have written the attorney a letter terminating the attorney-client relationship and requesting the attorney to withdraw from the case. The attorney would seek leave of court to withdraw and leave would be granted if the client had a replacement counsel. The replacement counsel would have had time to get up to date and prepare the case for trial. Why exactly did this client wait so long?
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