I have an attorney on my family law case; this is a serious situation that deals with PAS and kidnapping. Well, we have a few smoking guns to blow their story apart. With that, I told my attorney I want her to approach OC and determine if a settlement can happen prior to a case management date. Reason being, there is a situation here where there's a possibility of a judge during case management, taking my daughter out of her current home and giving her to me; as much as I would like that to happen, we all know that is not "best interest" in MY belief. The thing is, my attorney doesn't act or sound like they want to go that route (asking to settle prior to CMD). I want to say "I told you what to do, now you need to do it". Can I do that?
Only if what your asking is legal.Your lawyer must act in accordance with the law.
No attorney client relationship has been formed until you sign a representation agreement.
Simple answer is that you can do what you want. We are otherwise not here to second guess your attorney. If necessary, discuss this issue with your lawyer
Attorney should follow client's direction and client should generally heed attorney's counsel.
Often if a client wants to deviate from my recommendation, I have them sign something that I advise against it.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
Within reason, with the law, and within ethical guidelines.
If your attorney does not believe your suggested course of action is going to be worthwhile, you may want to listen to him or her.
Either one of you, if you so desire, can terminate the relationship at any time. Since the case is already in suit, you will need to obtain leave of court to do so, however.
You certainly have the right to make such a statement to your attorney. However, you should give her the benefit of the doubt about not heeding your previous instructions. What you consider to be tantamount to "blowing their case out of the water" may not be admissible in evidence, or unwise to mention at this time. Your lawyer is the best judge of what should be presented and when. In addition, no evidence or arguments are heard at a case management court call. You are not alone; the public mistakenly overestimates the importance of these court dates. They are required, but are mechanical, brief, and simple.
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