Alan Scott Funk's Answers

Can a judge or commissioner amend their decisions after a party has left the court room?

It is normally a bad idea to leave the courtroom without reviewing and acknowledging receipt of the court order. When a party leaves without signing an order, the court will usually mark, “refused to sign” or “left without signing”. That probably translates to “threw a fit and left in anger”. It is not unusual for orders to need clarification or additional information after the court issues an oral decision. In that case, the parties appear before the court again to address the disputed...

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What if a GAL is favoring over the petitioner that paid him? If therapist is seeing the child, how much weight is given by judge

Recommendations of a GAL are only one factor considered by the court. A good GAL report will include a summary of all documents reviewed and all witnesses interviewed. The report will contain a summary of important documents, and a summary of each witness interviewed. The report should contain some analysis of the information. The report should draw conclusions from the information. All conclusions should be supported by the factual information. A good report will include more than...

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What is the procedure to retract a motion?

Filing a Notice of Intent to Relocate does not schedule a hearing. If you also filed a motion, in King County, you call the clerk's office and inform them you want to strike the hearing. I expect Pierce County would be similar. If you had a shared custody arrangement, you should consult with an attorney to review the factors listed in RCW 26.09.520.

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Residential schedule question Help Please

From what you wrote, it is difficult to determine the specific provisions in your parenting plan. Who is scheuled to be with the children on Mid-Winter Break this year? What priority is section 3.2? Typically Mid-Winter Break will have priority over section 3.2 (the normal schedule in place while the children are in school). If your parenting plan has the Mid-Winter break with a lower priority than section 3.2, that is probably an error. If the parenting plan is unclear, or...

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How to dispute a GAL report

Yes. a GAL report can be refuted, but it takes a lot of work and you really should have the assistance of an attorney. You can obtain the GAL file: 1. See RCW 26.09.220(3) and WAC 246-924-445 (parties are entitled to all underlying data and should request information prior to deposition and/or trial). a. The forensic history questionnaires, b. Parenting history surveys, c. Personal history checklists, d. Personal problems checklists, e. Interview notes from party interviews, f....

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What is the difference between filing a lawsuit versus filing a complaint in State Bar Association regarding legal malpractice?

The bar association can address an attorney's ethical violations. If an attorney violates the he rules of professional conduct, he or she can be disciplined. Below is a link to the rules. http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=rpc The bar association will investigate complaints of ethical violations, (called grievances) but receive a lot of grievances that do not qualify as ethical violations. You contact the bar to find out how to start this provess....

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What to say while having a psychological evaluation done?

I wrote a legal guide for AVVO on this topic: I hope you find it helpful, -Alan Funk

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I didn't respond to Motions or to the Ex Parte notice to Show Cause.

You need to prepare a written response. Each county has different rules about how and where to file the response. In general, you need to file a response with the clerk, and another copy of the response (called working papers) needs to be provided to the commissioner or judge. The response should be in the form of a declaration, or it will be considered hearsay. A declaration is a statement which begins, "I _____________ (name), being duly sworn on oath depose and say as follows" A...

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Is it ethical for a lawyer to represent a client after withdrawing from a civil case ?

In Washington, a client is free to engage any attorney he or she wants. There is nothing unethical if an attorney-client relationship terminates and then later resumes. Beginning and ending a relationship with a client implicates Rule of Professional Conduct (RPC) Title one, and in particular sections 1.2, 1.5, and 1.6. Click below to view the rules http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=rpc It is possible for an attorney to negotiate a new fee...

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If a visitation parenting plan is in place, is it illegal for the mother to break the plan without letting the child see his

I agree that contempt is the common remedy) but there are many defenses available). It is possible that her conduct qualifies as a crime, (See below). It would be rare for the police to investigate a common parenting plan dispute over whether the court order is being followed or not, and rarer still for that investigation to lead to a prosecution, but you should be aware of the statute. You should also confer with an attorney before trying to get the other party thrown in jail. Complaining...

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