Saturday, December 08, 2007

Getting a proposed order

I just got a letter today from my kids' attorney, James Ritchey. It demands a reply within 5 days of the date of the letter, Dec. 5. The envelope also included a copy of the letter addressed to my ex-wife, so she is probably wondering why she got an envelope with no letter in it. It is a request to sign a proposed order for the Nov. 28 hearing.

One reason judges like having lawyers on the case is that the judges are too lazy to write up their own orders. The judge asks the lawyer to write up the order, and the judge just has to sign it.

A problem with this system is that the lawyers manage to slant the orders to benefit themselves. This time, Mr. Ritchey's proposed order was just a simple one-page fill-in-the-blanks form, but he did get a few things wrong. In particular, his proposed order has himself getting paid sooner than what the judge actually ordered in court.

The differences are minor, and not worth making an issue about them. Just enough that I know that I cannot trust this guy to write up judge's orders.

1 comment:

Anonymous said...

I have an interest in people being able to represent themselves in court. My advice to them is that they try to undestand the proceedings. Seeing through the game may give you a sense of superiority, but it is not the same as winning the game.
Your wife most likly did not get an empty envelope, The attorney is honest enough to copy you and her with his communications. Your wife should have recieved a letter with your copy as well as hers.
JIt isn't tht Judges are too lazy to write up their own orders. The volumn of cases would back log the process. Also the exchange of proposed orders means that each party has a chance to weigh in on the accuracy of the orders, before the judge signs them. If you think the order proposed by the attorney is innaccurate, get a copy of the minute order or the transcript and let him know of the inacuracies.Believe me it is better to get an accurate order than to try to unravel it later if a problem occures.