Unethical or just screwed?


#1

The attorney had to state the basis of his motion for the continuance in his motion. That motion was viewed by the Judge made a decision regarding the continuance based on his motion. If you believe that the attorney stated something untrue in his motion before the court then you can bring that to the attention of the court, if the basis of the attorney’s motion is true, it is likely the court would have granted it even if you did have a chance to be heard.

I would actually have to review the letter and other filings to give you any further opinion.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Ok. Quick refresher. Being sued by ex for Absolute divorce, child custody and child support (all in one motion). Ex is paying too little support. I scheduled hearing for temporary PSS and child support before permanent trial after filing my counterclaim.

Ex’s atty. knew of this temporary hearing date (December 31) since Nov. 19. I receive letter from his office that enclosed spouses reply and motion for continuance on this temporary hearing.

I receive atty’s letter late December 19 after work from the mailbox. This letter says that I have FIVE days to respond in writing to his office and the court to object to the continuance. Among his reasons for wanting to continue are that atty would be out of town on this date. In fact, he left town the following morning and was unreachable so no letter within five business days would reach him anyway. I called his office early Friday morning (Dec. 20) to see how I might contact him. Incommunicado! Count with me. Too late to get something done on Friday, Sat-closed, Sun-closed, Mon-closed, Tue-closed–atty gone all rest of week.

Anyway, several problems here! I DID in fact object in writing within five days (exactly on the 27th)to the courts and mailed post-stamped copy to atty.

My argument for objection to continuance---------

Atty. knew well in advance of his absence and therefore could have asked for continuance much earlier than this. Therefore, this was prejudicial to me in that I will have to wait even longer before getting an increase from spouse (he currently pays approximately 50% less than he should according to the calculator and NC guidelines).

I am pro se and therefore, from a legal standpoint on representation present no threat to the ex and him appearing alone. I’m sure his atty. discussed this matter with him in detail earlier anyway.

THE CLINCHER: After filing my objection, I called early on the 28th to be sure that my objection got before the judge since we were scheduled to be heard on Monday. I was informed by the court that continuance had already been granted and that, in fact, I only had TWO days to reply and if my objection had been to the court on the previous Friday, I had a good shot at still being heard. ATTY. lied to me on his letterhead saying I had FIVE days to respond. Additionally, he did not file his secured leave with the court. This is not the first time his atty. has been what I think shady. I was not properly served on another occasion. Verbally lied to on several others, etc. Ex says my only contact is through his atty. NO CALLS are EVER returned.

Any advice? Do I have any recourse against the ex or his atty?

What is your advice. Do I have any recourse?