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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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How can I change an agreement that I have not signed in a courtroom

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How can I change an agreement that I have not signed in a courtroom? My lawyer went on "my behalf" and entered an agreement for me for joint custody to change visitation, and I didn't know all the details of the agreement and didn't sign anything. I asked a lawyer today in a free consultation, and he said it looked like it was pretty much finished although I didn't know my lawyer went to the courthouse last Friday, and wasn't aware what was going on. Nothing in writing, and I've not signed - Also, no child support figures, but I'm to pay child support this month when my ex-husband didn't pay support to me last month. What can I do?

Hi, Welcome to JustAnswer

My name is XXXXX XXXXX I would be glad to help you

 

A lawyer cannot enter any agreement on behalf of a client without first discussing the agreement with the client and obtaining specific authority to sign the Agreement on behalf of the client.

 

You can report him to the Oklahoma Attorney Disciplinary Board:

 

Oklahoma State Bar Assn
P.O. Box 53056
Oklahoma City, OK 73152(NNN) NNN-NNNN/p>

AND

 

You can file a Motion to Set Aside Agreement" and in the Motion you can state that

 

1. You were not informed about any Agreement by your lawyer (And, name the lawyer)

2. You never gave the lawyer (Name) authority to sign anything on your behalf

3. You were never informed by lawyer (Name) of any Court date

 

And add anything else he did not tell you and file it as soon as possible

 

 

Customer: replied 5 years ago.

One more thing, can an assistant lawyer( not licensed in Ok.) handle negotiations with another lawyer in my behalf, and tell me that's the best he can do? My original lawyer is a superlawyer, but not super in my book. He has not kept me informed, and also, won't share false accusations with me from the other side that I need to know about. Can I also report conflict of interest in using the same public defender that my ex-husband's attorney uses? I don't think my lawyer will stand up to the public defender and is "defending" her and not myself. I'm very mad, and will certainly do what you have suggested. Thanks!

Someone who is not licensed to practice law should not be handling negotiations on behalf of a client because that constitutes "practicing law without a license"

 

Kindly press the "Accept" button so that I can receive credit for assisting you, otherwise I do not get paid.

 

I do not understand the relationship between the parties in the "conflict of interest" situation

Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
What constitutes a conflict of interest in a public defender? Would both lawyers using the same public defender and one not beng able to defend me correctly constitute a "conflict of interest"?
A Public Defender would have a conflict of interest if they were defending 2 defendants involved in the same crime because the defense of one of the defendants might jeopardize the defense of the other defendant
Customer: replied 5 years ago.
I still don't think you are understanding my question. Isn't there a conflict of interest if the lawyer I have can't defend me correctly and support me, but defends the public defender and uses her a lot? If the lawyer outrightly says we know the public defender is a "good" person, but we know your son did say the things she said he said - I know my son had some words put into his mouth - But he may have said some things against me as his mother. I feel there is a distinct conflict of interest that my lawyer can no longer defend me, but defends the public defender, and the other side uses her, too. Can she push a child to actually pick parents or should she be objective and want to know if they have an actual preference or want equal custody? It seems very strange to me that this public defender has sided in with the ex's lawyer, and my assistant attorney says sometimes she sides in with my lawyer's clients.

Your question deals with "Family Law". How did a public defender get involved ?

 

Are you aware that a "Public Defender" is an attorney appointed by the Court to represent a defendant who is being prosecuted on criminal charges ? There is no other definition for a "Public Defender" and that is why I am asking how did a public defender get involved in a custody/visitation/support case ?

Customer: replied 5 years ago.
Good question - I don't why they use that term, but the only thing I do know is that they have said there was an abuse charge on me dealing with my oldest son who is autistic who assaulted me, and I defended myself in our bathroom 2 1/2 years ago. He sprayed my hands with pepper spray, and I sprayed him with a little pepper spray to get out. He came out of the bathroom, and sprayed my whole house, and animals inside. I understand from my ex that the story is different, and I'm being told I'm abusive, but never officially accused by DHS just indirectly enough to involve a public defender - Don't I deserve a public defender, since I'm the one being accused?

If you are being accused of a crime, and cannot afford an attorney, you most definitely should have a Public Defender. If you have not already done so, you should go to the Public Defender's Office to fill out an application to see if you qualify for representation by the Public Defender's Office

 

 

Andrea, Esq. and 7 other Legal Specialists are ready to help you