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Blended Families
HisChamaoleGirl
member
Lawyer issues
HisChamaoleGirl
member
DH has finalized his cs agreement and since then we have requested his complete file. They never mailed it to us so now that we are visiting SS I walked in and picked up the file from the lawyer office. I just went through it and noticed there is a stipulation signed into effect jan of this year. It was not authorized by DH and this lawyer had not been representing DH since Nov. everything else the lawyer has signed for DH has an email attachedwith DH consent. This one does not. Can An order be reversed? What do we do???
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Re: Lawyer issues
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"Karma1969: If baking someone a birthday pie/cake is romantic, I must be a slut."
Stipulation says SS can only spend visitation with DH. It specifically says only DH. No staying with friends or relatives. Only DH. He hasn't called bc the office is closed.
BFP #1 11/07/2012 EDD 07/09/2013 M/C 11/22/2012
BFP #2 02/05/2013 EDD 09/19/2013 Arrived via c-section 09/27/2013
so BM had her attorney send this to DH's attorney and his attorney signed for him and agreed to it??? I would DEFINITELY have some choice words for my attorney about that!!!
I have no suggestions besides seeking the advice of a different attorney? or if your attorney isn't a partner possibly contacting the partners of he firm?
Until it is reversed it is unfortunately effective if it was received by BM/her atty.
Our attorney did this to us. Fire his @$$.
Was a Substitution of Attorney or Notice of Withdrawal ever filed with the Court? If so, and the signature is dated after the Court removed him as the attorney of record, you can report him to the State Bar Association and have a Judge reverse it. Your husband may need to file an Ex Parte hearing and go in front of the Judge and explain what happened.
If neither of those documents were executed with the Court, the attorney may still in fact be the attorney of record. Does your husband have a letter or anything stating when the attorney/client relationship ended?
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The last sentence of the cs agreement is a statement saying that the lawyer is released from representing DH starting the day the order was signed. Is that enough or is it a seperate form?
BFP #1 11/07/2012 EDD 07/09/2013 M/C 11/22/2012
BFP #2 02/05/2013 EDD 09/19/2013 Arrived via c-section 09/27/2013
Every State is different regarding the name of the form they use. But if the CS agreement was filed with the Court and made into a CO, then the statement of when the attorney is released should be sufficient to show that he had no legal authority to sign a Stipulation on your husband's behalf. Double check the date the Order was signed, and the date of the Stipulation. If the Stipulation was after the Order, your husband will have grounds to have the Stipulation deemed null and void.
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