what do you do when your attorney doesn't do what court ordered

Through filing a Motion to Enforce, you are able to ask the court to intervene and require your ex to comply with the order. It is also possible to have the court issue make-up days for any time missed, as well as order the cost of court and attorney fees to your ex if they are found to be guilty of willfully disobeying the visitation schedule.

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What happens if I don't have a lawyer for court?

May 18, 2020 · A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint.

What do I do if my lawyer does not show up?

If you have a spousal support order in place and your ex refuses or fails to pay without showing the court a good reason, you can take legal action. If you need to talk to an attorney about unpaid spousal support, we’re here to give you advice. Call us at 310-683-4623 today to talk to a lawyer about your situation.

What happens if you don’t comply with a court order?

In those rare instances in which the attorney’s appearance will substitute for the defendant’s appearance, the failure of the attorney to appear, and you don’t appear, a bench warrant for your arrest will be issued for failure to appear in court at the date and time ordered. If you are out on bail and fail to appear in court, the failure to appear cancels your bail and a warrant for your …

How do you get a warrant removed from a lawyer?

Apr 04, 2018 · Do you have any options? Yes you do! Let’s take a look at what you can do: Ignore it – it doesn’t belong to you! Your first option is to ignore it. After all, it isn’t legally your responsibility any more, which means that no one can force you to pay what the court assigned to your ex. Sounds easy, right?

What can you do if your lawyer is not responsive?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

What is reasonable response time for a lawyer?

within 24-48 hoursA: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

Why do lawyers ignore their clients?

One of the most common examples of an attorney ignoring their client's wishes is when they decide to settle their client's claim without their permission. If an attorney acts against their client's wishes because they believe they are not being practical, their client may also have a case of malpractice.Oct 5, 2021

What do you do when opposing counsel won't respond?

In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•Jun 22, 2018

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why is my attorney not fighting for me?

When your lawyer is not fighting for you, you have every right to fire that attorney and get a replacement, and you may have the right to sue in the event that the attorney violated professional codes of ethics.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Do opposing lawyers talk to each other?

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

Can a lawyer yell at you?

Under California Code of Civil Procedure Section 1209(a), acting in a disorderly, contemptuous or insolent manner toward a judge is a basis to hold the lawyer in contempt. This can result in monetary penalties or even imprisonment, among other serious options available to the court. In sum, yelling at a judge?Sep 26, 2017

How do you address an opposing counsel in an email?

#2: Don't put the opposing counsel's email address in the “To:” line until you know your email is ready to send. This is a simple tip, but it is one that can save you from costly mistakes. Never fill out the “To:” line of your email until you are absolutely, positively, ready to send it.May 11, 2021

What happens if a court order is not obeyed?

In family law, the court is not automatically alerted when someone fails to comply with the terms of a valid court order. And unless the court order specifically penalizes the person who does not comply, that person is not automatically punished. The result at first is usually a frustrating waiting game of phone calls and correspondence to the other party’s attorney inquiring when their client will obey the order. If this doesn’t produce results, the next step is to decide whether to spend time and money asking the court to compel compliance and punish the person who does not comply.

What is contempt action?

A contempt action is a very complicated process and can have serious consequences for both parties. For the party seeking to enforce the court order or punish the other party’s disobedience, the time and expense involved to prove the other party’s refusal to obey are similar to those of a trial. And the person accused of disobeying ...

Can you file a contempt action against someone who is not complying with a court order?

Bringing a contempt action against a party who is not complying with a court order is a complicated and personal decision that must be weighed against the potential financial and emotional strain. While the threat of a contempt action may eventually convince the other party to comply, it is not wise to wait a lengthy period of time before filing the contempt proceeding because certain defenses may arise to the action due to the delay.

Is family law a civil matter?

Remember too that family law disputes are civil rather than criminal proceedings. A civil contempt action seeks to compel compliance with a court order before punishment occurs; a criminal contempt action can impose jail time for failure to obey.

John Noah Kitta

Your situation seems a little strange. I don’t know why your attorney does not attach your ex’s wages, bank accounts, or other assets to enforce the court order. If you believe your ex has the ability to pay and is willfully not honoring the court order, you could bring him into court for not complying with the court order.

Constantine D. Buzunis

i agree with the other attorneys, you are obligated to pay the bill, try and see if he will accept the reduced amount, if not decide if it worth your while to request fee arbitration with the State Bar or work out a payment plan.

Christine James

Unfortunately you are the one who entered into the contract to pay your attorney not your ex-husband. Your attorney can collect from you and you would be responsible for collecting from your ex husband.

What happens if you are found in contempt of court?

Being found in contempt of court could put your ex at risk of: 1 Community service 2 Jail time 3 Fines 4 Paying your attorney’s fees

What happens if my ex refuses mediation?

Your ex’s decision to refuse mediation could put them in contempt of court. Disobeying a court order carries potential penalties.

What to do if you are certain that your parents are shirking their responsibility?

If you are certain that the other parent is willingly shirking their responsibility, your attorney can file paperwork to continue pursuing the hearing. At this point, a judge will get involved and will have to hear the case in court.

Can my ex-spouse show up for mediation?

It’s quite possible that your ex-spouse or your child’s other parent simply had a hardship that prevented them from showing up for your mediation session. Of course, it’s also possible that they dropped the ball or ignored their responsibility.

Is mediation mandatory in California?

In California, mediation is mandatory only for child custody cases. If two parents cannot agree on custody arrangements and a parenting plan, courts will order mandatory custody mediation before hearing the case and allowing the parents to pursue litigation.

Meggin Elaine Rutherford

If the court believes that you may be doing drugs, then yes, it is a possibility that you will be ordered to do testing. However, we don't know if you are in contempt or not. As for the phone, you should address that with the court. If you are allowed in the orders to talk on the phone, then your ex should not be able to stop that.

Brenda Storey

I am so very sorry for these circumstances. The answers to your questions start with what the current orders say. If they require you to submit to a hair follicle test and you haven’t, then you are in violation of the court orders.

David Littman

I agree with both attorneys who have responded. A restriction on parenting time may be interpreted to include phone contact. If you think it is improper for a court to order you to do a hair test, you can appeal the judge's ruling to the Colorado Court of Appeals. In the meantime, precious time is passing and you are not spending it with your son

Dane Eric Torbenson

It will be very difficult for an attorney to answer your questions with any specificity without seeing the specific orders to which you are referring. Those orders will govern whether your ex is required to allow phone contact, and whether it is mandatory for you to take a test.

How to respond to a violation of a divorce decree?

Respond to the violation of the terms of the divorce decree by filing a motion for contempt of court. This process may be initiated pro-se litigant, and the injured party should call the court clerk for information about what forms to independently file.

What does the court clerk do?

The court clerk will help to determine whether the injured ex-spouse should file a motion for civil contempt of court, motion for enforcement or an alternate action . The clerk will also provide information about laws surrounding how the ex-spouse will be served the contempt motion.

What happens when a marriage ends?

Once the marriage legally ends through divorce proceedings, the court issues a divorce decree. This document contains various details, including the reasons the marriage dissolved. The decree indicates what each divorcee must do in terms of property division, child support and parental time. An ex-spouse may not always fully comply with ...

How long does it take to get divorced?

A divorce can take months or years to finalize. In the event of a trial, the judge evaluates all evidence and testimonies to arrive at a decision. Child custody, alimony, property division and child support are considered—and are written in a decree. Upon settling a case, the decree is issued. Remember the divorce becomes final on the date ...

What are some examples of failures in divorce?

Examples of such failures include being late in paying child support or making spousal maintenance payments. The ex-spouse may have violated child custody or parental time as ordered by the judge.

What are some examples of documents that serve as proof of the ex-spouse's noncompliance?

Examples of the types of documents that serve as proof of the ex-spouse’s noncompliance include written communications and financial records.

What is a motion in divorce?

The motion indicates which parts of the divorce decree were violated and the reason the ex-spouse should be held in contempt of court. Although the lawyer serves the ex, the injured party is responsible for proof. The ex-spouse has the opportunity to respond to the motion. The judge may give the guilty party a chance to immediately rectify ...

What happens if you ignore child support?

The penalties for a parent who’s ignoring child support payments will depend on the specific details of each case, like the amount of child support that’s overdue and how long it’s been since they made a payment. The larger the amount and the later the payments, the stiffer the penalty. The court may make arrangements to force child support ...

What happens if a parent refuses to pay child support?

There can be stiff penalties for a parent who’s unwilling to pay child support.

Why is child support delayed?

In some cases, there are logical and understandable reasons for the delay. Perhaps something has happened, like a sudden loss of income, which has affected a parent’s ability to pay their court-ordered child support. When that happens, the non-custodial parent should find a lawyer and go over the options for adjusting the order.

Can a non-custodial parent deny child support?

Under the Child Support Enforcement Amendments of 1984, a non-custodial parent cannot de ny payment for court-ordered child support to the custodial parent, regardless of the physical custody arrangements. But just because a judge issues a court order for a non-custodial parent to pay child support, that doesn’t mean the parent will always actually ...

Can child support go unpaid?

The longer child support goes unpaid, the longer the potential jail sentence. For example, child support that’s two years or more overdue may take the contempt of court charge from a misdemeanor to a felony.

Is child support enforceable?

In general, child support payments are only enforceable if a judge approves them and decides which party will pay the other and what the amount will be. The amount of child support that the court will assign factors in each parent’s income, eligible deductions, who has primary physical custody (the custodial parent), ...