Legal Question in Family Law in New York

Replacing a court appointed attorney

I was assigned an 18b attorney in

Brooklyn family court, after I

obtained a temporary restraining

order against my ex-husband on

behalf of my children. In six months,

he has not returned a single phone

call, reviewed any of my paperwork,

or filed a single motion. He shows up

to hearings late and says nothing...

one time he literally had his eyes

shut during a conference. During our

last court appearance he told me my

ex-husband is the father and

therefore has a right to see his

children whenever he pleases (never

mind he is abusive and has

attempted to kidnap them), and

when I expressed my worry he

patted my back and said, ''well you

had a lot of children with this guy, so

there...''

We are scheduled for trial in less than

two weeks, and still not a word from

the guy. At this point I think I am

better off with no representation

than with this attorney railroading

my case. I keep thinking I should not

look a gift horse in the mouth, but

the consequences could be serious. Is

there any way to have the court

replace him? What is the procedure?

And if the court won't replace him,

can I get more time in order to try

and hire someone?


Asked on 11/23/08, 2:14 pm

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Replacing a court appointed attorney

You get what you pay for. 18b is really pot luck. You could get a young motivated attorney who is looking for 18b work to supplement his practice. Or you could get a jaded, crusty, lawyer who thinks of all his panel clients as "lowlifes" or "trash."

You should know that 18b attorneys only get $75 per hour whereas the going rate for such services is $200-$250 per hour. While that may seem like a lot of money, that lawyer will do a better job and be more motivated b/c he is getting paid market value.

My advice would be to call my office and let's talk about your case. Perhaps myself or a colleague of mine could handle your case for you.

Read more
Answered on 11/23/08, 2:26 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Replacing a court appointed attorney

You get what you pay for. 18b is really pot luck. You could get a young motivated attorney who is looking for 18b work to supplement his practice. Or you could get a jaded, crusty, lawyer who thinks of all his panel clients as "lowlifes" or "trash."

You should know that 18b attorneys only get $75 per hour whereas the going rate for such services is $200-$250 per hour. While that may seem like a lot of money, that lawyer will do a better job and be more motivated b/c he is getting paid market value.

My advice would be to call my office and let's talk about your case. Perhaps myself or a colleague of mine could handle your case for you.

Read more
Answered on 11/23/08, 2:51 pm


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