Richard James Mockler III's Answers

Ex Husband is an attorney, not paying child support, trying to get custody of our children

Under the Florida Rules of Professional Conduct, a lawyer may not willfully refuse to timely pay a child support obligation. See link below (Rule 4-8.4(h), Rules Regulating the Florida Bar). The only exception is where the child support order is entered by a court that does not have proper jurisdiction. In your case, jurisdiction doesn't appear to be an issue. Anyone can report a violation of this rule to the Bar. But, it would be better for the Court to make a determination that he...

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What kind of attorney should we get for this case?

Even though you don't have a "written contract," you likely have claim for breach of contract because you and the client agreed to an amount that you would be paid for your work. Hopefully, the amount is at least confirmed by an email or other written communication. In addition to your contract claim, you should also look into whether you can assert causes of action for account stated, unjust enrichment, and quantum meruit. Based on the information provided, it's unlikely that you have a...

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Can you subpoena records from an attorney if you were also on the trust as cotrustee

If you are a co-trustee, you can probably request a copy of the trust without the need for a subpoena. If you have a lawsuit against you alleging a breach of fiduciary duty, you should be able to subpoena the trust documents and any non-privileged communications that relate to the allegations against you. Of course, certain records and communications may be privileged.

What is the procedure for canceling a motion filed in fairfax VA court

If you no longer need the relief requested in your motion, you should immediately notify the other side and file a notice with the court withdrawing the motion. If a hearing on the motion is scheduled, you should contact that person at the court in charge of scheduling and advise them that the hearing is no longer necessary. No matter what you do, you definitely should not just "skip" the hearing.