Legal Question in Family Law in New York
I am currently going thru an active divorce case, I feel my lawyer is taking advantage of me $$ my question is last month my attorney called me to let me know 2days in advance that my court date was adjourned, yet he told me we still had to appear? why did I and he have to go if there was nothing to happen that day? I was charged for a court appearence costing me $800.oo for a already adjourned court date?
1 Answer from Attorneys
I don't know the specifics here but if you are not comfortable with your attorney you should consider other options. I have to point out that the state courts are really backed-up now (federal court in Central Islip still runs smoothly). Sometimes, attorneys have to do seemingly wasteful things to CYA (and cover the client's butt also). I have been forced to go to court even though the other side adjourned because the clerk said it's not guaranteed that they won't show up and since I am the plaintiff or the plaintiff's attorney (the plaintiff carries the burden in a lawsuit), I STILL have to go just in case the defendant shows up. I have been in divorce court where I was warned if the doc does not get in by Tuesday at noon, the judge cannot hear the motion Thursday. I raced in to get it stamped 11:45 a.m. Then, both sides showed with attorneys on Thursday very early so everyone could get through the metal detectors and waited hours outside the courtroom. When we were called in, we were THEN told "Oh, the judge will make his/her decision on the Motions submitted". The problem was that I was the only one who prepared a Motion (10 hours with all the attachments, reports and photos). Frankly, that was not fair to the other side and although I don't care about being fair to a wife/child/niece/pet abuser, I was thinking about him getting grounds to overturn this (did not get "due process"). I could go on and on but you get the idea. There are other times I told the client she had to come to court with me "just in case" (she's a doctor and makes more an hour than an attorney).