Reasons For A Motion To Withdraw: a check list.

By Robin Roshkind, Esquire, West Palm Beach, Florida

A attorney can withdraw from representing a client or a client can terminate an attorney by a motion to withdraw.  Usually, these motions are filed by the attorney when a client simply runs out of money to support the case.   There is no such thing as indentured servitude in this country anymore.  A lawyer is not expected to work for free.

But there are other reasons an attorney may file a motion to withdraw.  If they cannot get in touch with the client for a period of time;  if there is a personality conflict;  if there is constant misunderstandings or problems with communicating that does take place; if the client does not follow the lawyers advice to his/her detriment.

Clients can ask a lawyer to withdraw for similar reasons:  the lawyer never returns phone calls; does not produce a billing statement; cannot communicate effectively; client loses confidence in the lawyering; cannot afford the fees; is generally not satisfied.

Withdrawing from the case is a process and most clients do not understand it does not happen instantly.  A court hearing is required and permission from the judge by court order must allow the termination of the representation.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

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What IS A Motion To Withdraw?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often a client will want to settle a divorce case because to litigate is very expensive.  If the other spouse does not want to settle, however, no settlement is possible.  Clients run out of litigation funds for their attorneys.  In that case, they will have to finish the matter on their own or “pro se”, i.e. without counsel.  Where misunderstandings come in, is that a client cannot simply direct a lawyer to STOP.  A lawyer is an attorney of record with responsibility to continue with the representation until a judge orders or allows the lawyer to get off the case.  This requires the lawyer to file a motion to withdraw from the representation and go to a court hearing where the judge will decide whether or not to allow the lawyer to get off the case.

This depends upon whether or not there is a trial pending, or any other action at the present time pending such as a mediation or motion hearings.  If the case is languishing, a lawyer will be allowed to withdraw, but this has to be by court order.  Until such order is entered, the client will continue to have representation whether they want it or not and they will have to pay for it as well.

For more information about this or other divorce topics, please call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

Legally Speaking, Do You Have To Speak To Your Spouse?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings, and each party is represented by a divorce lawyer, do you have to speak to your spouse, legally speaking?

This question comes up often, in marriages where there is abusive behavior.  The reasonable answer is this: you only have to speak to your spouse regarding your children.  Any other topic, you can leave to the lawyers.

In marriages where there are children, both parents are presumed to have shared parental responsibility and an equal say in raising the children, interacting with the children, and taking care of the children, UNLESS a court order says otherwise.  Both parents have the right to be informed as to the whereabouts of the children and the welfare of the children, even without court order.

So if you do not care to speak to your spouse, you don’t have to, unless it concerns your children.  If your spouse asks about any other issue, you can tell him/her to call the lawyer.   In cases where there is no representation, in pro se divorce, obviously that’s a game changer, and you then need to communicate with that party regarding hearings, expenses and other household issues.

For more information call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Legally Speaking, Do You Have To Speak To Your Spouse?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings, and each party is represented by a divorce lawyer, do you have to speak to your spouse, legally speaking?

This question comes up often, in marriages where there is abusive behavior.  The reasonable answer is this: you only have to speak to your spouse regarding your children.  Any other topic, you can leave to the lawyers.

In marriages where there are children, both parents are presumed to have shared parental responsibility and an equal say in raising the children, interacting with the children, and taking care of the children, UNLESS a court order says otherwise.  Both parents have the right to be informed as to the whereabouts of the children and the welfare of the children, even without court order.

So if you do not care to speak to your spouse, you don’t have to, unless it concerns your children.  If your spouse asks about any other issue, you can tell him/her to call the lawyer.   In cases where there is no representation, in pro se divorce, obviously that’s a game changer, and you then need to communicate with that party regarding hearings, expenses and other household issues.

For more information call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Are You “Entitled” To A Divorce Lawyer?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often I get the question about whether or not a spouse should retain a divorce lawyer.   In Palm Beach County, it is not a requirement that one have a divorce lawyer to get a divorce.

In fact, many couples who cannot afford legal counsel have DIY divorces.  These are called pro se litigants by the courts.  They are spouses without divorce lawyers.   WHERE IT GETS TRICKY IS IF ONE PARTY HAS A DIVORCE LAWYER AND THE OTHER DOES NOT. When this happens, I often get the question, AM I ENTITLED TO COUNSEL?  The answer is no.

Divorce is a civil matter, unlike criminal law, and does not require the courts to appoint a lawyer for you.  Although divorce does have far reaching effects on one’s future, finances and family life, your life and liberty are not at risk, and so you are not entitled to appointed counsel even if your spouse has a lawyer.   It is highly suggested by me that you beg and borrow to hire a divorce lawyer if your spouse has one.  You may be awarded fees in your case later.  But you should not go it alone and up against your spouse’ lawyer.   Where the distinction lies is that in criminal cases, your liberty and life are at stake.   That is why in criminal cases, the court will appoint counsel for you if you cannot afford one.  Not so in divorce court, but maybe it should be.

If you are thinking about getting a divorce in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Choosing A Divorce Lawyer

By Robin Roshkind, Esquire, West Palm Beach, Florida

I have written about this subject before, but because there is so much confusion about the hiring of a divorce lawyer, I feel it is important to write about it again.

The first issue one must decide after concluding that a divorce is inevitable, is whether or not to use professional assistance in terms of hiring a divorce lawyer.  Because of the economy, many divorcing couples try “do it yourself” divorce.  This is fine if you have no IRS debt, no credit card debt, and no assets that are joint.  Where the danger lies is that you may have joint assets and not realize it!  Then you are giving away your rights without know what they are. 

I often say that not using a divorce lawyer is penny wise and pound foolish.  And yes, divorce lawyers are not cheap.  But if you have children, assets or debts at stake, don’t be foolish.  Get a lawyer on your side.

How to choose one?  Go for a consultation.  Look around. A lawyer should not tell you only what you want to hear.  He/she should know what he/she is talking about, has years of experience, a nice office and an experienced staff.  Get a feel for compatability and trust.  Do not hire a lawyer solely upon advertisements or hourly rates.  Just because the hourly rate is low or the retainer is minimal, these are not good reasons to choose that divorce lawyer.  For more information, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

DIY Divorce: BEWARE!

By Robin Roshkind, Esquire, West Palm Beach, Florida

I had a client come in last week who told me she came to see me for a consultation to learn about her rights in divorce BECAUSE her husband told her she didn’t need a lawyer.

Like my client, when you hear this from your spouse, bells and whistles should go off.  The dialogue goes something like this:

                HONEY, SINCE MONEY IS TIGHT, AND WE ARE DOING THIS 

                DIVORCE AMICABLY ANYWAY, I WILL PAY TO HAVE MYLAWYER

                DRAW UP SOME PAPERS.  AND SINCE WE AGREE ON EVERYTHING  

                ANYWAY, YOU CAN SAVE MONEY BY NOT HIRING YOUR OWN

                LAWYER.  I WILL EVEN PAY THE FILING FEE AT THE 

                COURTHOUSE.

If your spouse says this to you, run, don’t walk, to hire your own attorney.  Amicable divorces occur every day with two clients and two attorneys.  Mediation is required in Palm Beach County, Florida, where the parties can settle their differences, being fully advised in the law and of their respective rights.  Where one spouse has something to hide, is when the other spouse is told not to retain counsel.  BEWARE of a spouse you can no longer trust.

If you are thinking about divorcing in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 for information or click on the Firm’s web site at www.familylawwpb.com.