I had to force the issue of exchanging my daughter today & my ex showed up with an attorney & started asking me questions. We just went to court & she wasn't there. Wasn't I supposed to be notified? I served my ex papers but not the attorney (I didn't know she existed) & now they are saying that they never got the papers.
An attorney is not officially in the case until they have filed and served a "substitution of attorney" form. One can hire an attorney without more, but "attorney of record" requires the filing and service. .
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
There is no time frame within which you need to be notified of someone hiring an attorney. Now that you know he has an attorney, direct your communications to her and you should be fine going forward. I would also immediately give her the documents they say they did not get.
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