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socrateaser, Lawyer
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Socrateaser: Minors counsel and Courts of Appeal

Resolved Question:

Socrateaser:


So after a hearing held about 4 months ago where I asked for multiple actions including Minor's Counsel to be removed due to gross negligence.


Judge agrees to all requests except denies my request to remove Minor's Counsel. Then I receive in the mail this letter two FL-340s to be signed by me and my ex-wife.


The FL-340's refer to the order issued by the Judge that reads ATTACHMENT TO FINDINGS AND ORDER AFTER HEARING: MINOR'S COUNSEL FEES:


1. The Court orders FRED DOE, Petitioner and WILMA DOE, Respondent to equally share payment of minor's counsel fees of $xxxxx., to Minors Counsel


2. The parties shall consult with Minors Counsel and attempt to make an agreed upon payment plan. If the parties are unable to reach an agreement on a payment plan, minor's counsel, upon submission of an appropriate declaration, the court will issue a writ.


3. The Court denies the request of minor's counsel for payment of said fees to be paid out of a retirement fund.


 


---------------


I was VERY VOCAL at the hearing and want to appeal this order and also made clear that if I could, I would file for malpractice due to the irreversible damage caused to the child during the holidays by Counsel's negligence.


Questions:


A. What is a "writ". I googled the term with no satisfactory answer.


B. Do I have to notify minors counsel before I appeal my case?


C. Is there a "litmus test" for Malpractice


Thanks

Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
A. What is a "writ". I googled the term with no satisfactory answer.

A: In the context of the court order, a writ means a writ of execution to permit minor's counsel to have the sheriff garnish wages or seize assets to satisfy counsel's fees.

B. Do I have to notify minors counsel before I appeal my case?


A: You would need to serve notice of appeal on minor's counsel, as well as the other party.

C. Is there a "litmus test" for Malpractice

A: California Civil Jury Instruction (CACI) 600 [A/An] [insert type of professional] is negligent if [he/she] fails to use the skill and care that a reasonably careful [insert type of professional] would have used in similar circumstances. This level of skill, knowledge, and care is sometimes referred to as “the standard of care.”

Hope this helps.
Customer: replied 1 year ago.

Just to make sure....


 


Is it ok to ignore and NOT sign the FL-340? I am choosing to do this because I am not in agreement with the order. Which is the reason why I will be going to the court of appeals.


 


 

Expert:  socrateaser replied 1 year ago.
What you are signing is your acknowledgment that the written order conforms to what the court actually ordered in the minute orders after the hearing. You don't have to sign, certainly not if you don't believe that the order accurately represents what was ordered at the hearing.

If you have objections to the accuracy of the order, you can return it to opposing counsel with a note containing your objections. If opposing counsel refuses to make changes, then he/she is obligated to send the order with your objections to the judge to consider and then the judge will make any adjustments and sign.

Hope this helps.
Customer: replied 1 year ago.

Thanks,


I understand your answer from a procedural standpoint.


 


But isn't it a moot point if I am going to the courts of appeal anyways?


 


Should I still sign it to "comply" with procedure even though I am vehemently against the order?

Expert:  socrateaser replied 1 year ago.
But isn't it a moot point if I am going to the courts of appeal anyways?

A: Maybe. I've been in so many circumstances where opposing counsel has screwed around with a final order, that I'm particularly sensitive to not going through this particular process. But, as a matter of law, if you don't sign, then opposing counsel will send the order to the judge with a cover letter stating that you didn't sign, and the judge will sign the order. After which, you can appeal.

Should I still sign it to "comply" with procedure even though I am vehemently against the order?

 

A: Only you can decide what you should do. I would go through the process, because I'm a lawyer, and I'm supposed to follow the rules of court -- or I can be disciplined/suspended/disbarred -- and sued by my client for malpractice.

 

You don't have all of these extra decision points. So, your choice is wide open.

 

Hope this helps.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34829
Experience: Retired (mostly)
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