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    jer4jess's Avatar
    jer4jess Posts: 2, Reputation: 1
    New Member
     
    #1

    May 12, 2009, 07:24 PM
    Contacting defendants attorney, desperate
    Hello. I am currently the plaintiff in an out of state custody case. Long story short, my lawer is sucks. He won't return my calls and has done nothing to assist me in my case. Originally I wanted to prove that my daughters mother was unfit, but have realized that my attorney cares not. At this point, I just want to settle so I can see my girls. I contacted my attorney but as usual, bunch of promises and no follow through. So my question is can I and should I attempt to contact her attorney and propose a settlement since my attorney has done nothing in nine months time? At this point, I just want to see my girls, desperately. Thank you.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
    Ultra Member
     
    #2

    May 12, 2009, 09:16 PM

    The mom's attorney is NOT permitted to talk with you about the case while you are represented. This is a very strict rule of professional conduct that every state in the US has. Amongst attorneys, to violate this rule is a cardinal sin with a capital S.

    So don't bother even trying to do this.

    Now, having said that, the solution to your problem is easy. Fire your worthless attorney, have him officially substitute out of the case by signing and filing with the court a substitution of attorney, and thereafter you can speak with the mom's attorney about the case to your heart's content.

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