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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My brother is in duval county in FL. I hired a lawyer and next

Customer Question

My brother is in duval county in FL. I hired a lawyer and next month is his Trial but some weird reason this is the 2nd time when he have to go in front the judge the lawyer not showing up and then she's saying she forget the date. Its so frustrating and I know my brother could win this case. So much evidence she could find. They accusing him for rape and saying the woman thinks like a 5yr old. But there's so much more to it. This woman even have a boyfriend and they said a few years aback she said another man this same thing. The lawyer can pull up her file can't she? This woman is working, drinking, and have a boyfriend so how could they say she's thinking like a 5yr old and agree to have sex and now accusing for rape when there's also no sign of bruises or anything on her? The lawyer is hardly even relating to my mom and she's the only one in Florida. I'm here in NY... Please help. What questions should I ask this laywer before the Trial Date in order to Win this case? Thank you.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

I am sorry for your brother's situation. What do you mean "what questions" you should ask the lawyer "to win the case?" Do you mean what questions should the lawyer ask of the witnesses, etc? What role are you playing in this? Or are you just seeking some general information?
Customer: replied 5 years ago.
I need general questions to ask the laywer about my brother case. This lawyer didn't show up in court for twice and then she said she forget the court date. Then 2/24/12 she had to do a devaluation on the woman (who claim she thinks like a 5yr old) as of today the laywer never call us to give update and now when we call her today 3/1/12 now she's saying she didn't do it and we have to pay $1600 for it whereas 2/24/12 she said the state will be paying for it. Remember the Trial date is 3/19/12. We paying her for what she ask so it's not like she's not getting the money? Is this how lawyers normally handle cases? As your years of experence what advice can you give?
Expert:  Ely replied 5 years ago.
Thank you. Just one more question - is this a retained attorney or an attorney that the Court has provided for your brother?
Customer: replied 5 years ago.

We hired this attorney thinking he's have a better chance than with a State Lawyer.

Expert:  Ely replied 5 years ago.
My sincere apologies for the wait.

It is not unusual for attorneys to sometimes miss a court date but at the same time it is frowned upon, and to miss several in a row is not proper.

We paying her for what she ask so it's not like she's not getting the money?

If you feel that she is not worth the money and is not doing a good job representing your brother, then you may ask that she withdraw (your brother would have to okay it since he is the client, technically). She would then have to give you back any deposit that was not used up, reasonably keeping only what was used. If you feel that the money kept was improper, then you can file a fee dispute with FL's Bar:

http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/c0bd2f20e7efae2685256b2f006c616d?OpenDocument

Is this how lawyers normally handle cases? As your years of experence what advice can you give?

It is hard for me to judge someone without knowing anything more than what you have so far told me. However, a reasonable attorney should play the angle of the female having a low IQ and should represent their client zealously. If you feel that the attorney is not representing your brother zealously and your brother agrees, then you may consider alternative counsel.

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Customer: replied 5 years ago.
But therefore we'll have to pay this lum sum all over again to take another lawyer? Guess it was a waste of time taking her.hmm
Expert:  Ely replied 5 years ago.
Hello,

Hard decision, I know. You essentially have to retain another attorney and eventually hope for some of your money back from the original attorney if you wish to release her and retain someone else. It is a tough situation but this is what you and your brother have to decide (in fact, he has final say - he is the client).

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 5 years ago.

Can you refer us to a lawyer in Jacksonville Florida who deals with cases /trial of such (sexual battery(victim mentally impaired), Kidnapping? Is it possible that I can hire another lawyer for the Trial day? This is our first time in a situation like this sorry if my questions sounds silly.

Expert:  Ely replied 5 years ago.
You can technically retain another attorney ASAP and then they will file a Motion for Substitution and take over the matter upon next hearing date. If trial is coming up or is ongoing, they may request a continuance and the Court may grant it so that the new attorney may catch up.

If I can recommend the Florida's Bar Referral:

http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument

The attorneys are vetted and qualified, and the service is free.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Ely and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

I think thats a better idea. Thanks for all your advice and help. I really appreciate it :)

Expert:  Ely replied 5 years ago.
You are very welcome and best of luck.

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