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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Lawyer
Category: Family Law
Satisfied Customers: 3153
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Is there a reason why a lawyer wouldnt give me the

Customer Question

is there a reason why a lawyer wouldnt give me the permission to submit my affidavit saying i cpuldnt meet my daughter
Submitted: 11 months ago.
Category: Family Law
Expert:  Thomas Swartz replied 11 months ago.

Hello richie,

I can not think of a reason unless it is because the lawyer wants to prepare the affidavit himself so that it is worded the way he thinks it should be worded. In any event, a lawyer represents you and your interests, and a lawyer should follow your instructions as to what evidence you want to submit in your behalf unless there is some legal or ethical prohibition for the lawyer to do so. I would question your lawyer in detail about his reasons for not submitting the affidavit that you want to.


Customer: replied 11 months ago.
Do you see any advantages of not submitting an affidavit like giving the other party too much information.
Expert:  Thomas Swartz replied 11 months ago.

I guess that is a possibility if there is any negative information in the affidavit. Any negative information in an affidavit can be used against you. So perhaps that is the reason the lawyer does not want to submit the affidavit.


Customer: replied 11 months ago.
can i submit the affidavit later if not attached to the motion during the course of teh trial?
Customer: replied 11 months ago.
Expert:  Thomas Swartz replied 11 months ago.

At trial you will be able to testify in your own behalf, and anything that you would have said in the affidavit, you can testify to in open court. So there would really be no need to submit an affidavit since you will be able to testify.