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hocuspocusme, USA Legal
Category: Family Law
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Ive retained a lawyer in regards XXXXX XXXXX Massachusetts Family

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I've retained a lawyer in regards XXXXX XXXXX Massachusetts Family Court case. Unfortunately little has been accomplished except to cause me more financial strain. I've asked my lawyer how I can get an adjournment but have received no answer now that I'm unable to provide a third retainer. How can I remove the lawyer as my counsel of record and how can I apply for a general adjournment? Any help is GREATLY appreciated.
I am not sure that an adjournment is the best for you. What step in the process are you in? Maybe you can finish without the lawyer and simply ask for a continuance. You can file for a continuance yourself.

To remove the lawyer, simply send him a written letter that you want to remove him from the case.
Customer: replied 8 years ago.
We were supposed to have had my matter heard at the end of February. I applied for modifcation of child support to take into account the travel costs to see my child and the current exchange amount. (I live in Canada and our dollar is no longer at par). On top of that I applied to have a parenting plan put in place as I'm continually denied visitation.

When I was in the process of deciding whether to retain a lawyer, I was told there was no way the matter would not be heard that day. Sadly, my matter was put off until June for a pretrial conference. My attorney is again telling me that my matter will SURELY be put to trial that day as it is a huge expense for me to keep flying in for court.

Seeing how I've invested well over $7000 in less than 2 months, I do not have the funds to continue. I desperately wish to see my child more but am unable to get an answer from my attorney as to what options I have. (I've been told that as soon as I provide another retainer my questions will be answered)

I understand business procedures but is this actually fair practice?
Well, sadly to say these situations do happen, but if you had a decent attorney they would not let these situations happen at the last moment knowing that you are an international plaintiff because the attorney's do know if the case will go in front of the judge before time because they speak with the opposing attorney before hand and make decisions.

You can choose two things:

You can fire your attorney but you have not a case for negligence again him, but he is a jerk for pulling your strings.


You can get a new attorney to finish this off. If you have the funds, you should simply finish this off and get your visitation with your child.

You need to make a decision if you want to stay with this lawyer or find a decent one.
Customer: replied 8 years ago.
So is an adjournment out of the question? If I file for a continuance, how much time can typically be given? My concern is that I just don't know how to come up with more money for court.

I'm very hesitant to attend a pretrial conference without an attorney but my hands are very tied. I don't even know how to handle all the discovery documents that the other attorney has requested.
I know. No an adjournment is not out of the question, but do you want to cease this whole case? You need a lawyer at this phase because it could be settled at the pre-trial before going to court.
Customer: replied 8 years ago.
I do not want to cease the whole case for good. I need to have a proper parenting plan in place and I need to have a Judge at least consider modificaiton to help me see my child.

That being said, if there's no money to pay a lawyer (I paid over $7000 to get the pretrial date and no other progress), how can I proceed?
If you want an adjournment simply file a Motion for Adjournment and Temporary Visitation Established and list the reasons why you need one:

(1) because you are short on funds because of the long and continuous trips from Canada surrounding the case

(ii) you need time to save the money to continue the case later

(iii) you wish to have temporary visitation ordered until the case is continued

Be sure to list factual information and be specific if you do it yourself.

I will be honest with you, this is ridicuous how much you have paid just to simply modify a visitation order.
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