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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.
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
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.
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?
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.
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