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Ray, I have a few additional questions that have come up…

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Ray,I have a few additional...
Ray,I have a few additional questions that have come up since the last time we messaged.I called the Bexar county clerk offices like you suggested to see if the hearing was actually set for rocket since my attorney had lied in hearings 3 times before and there are two motions set for tomorrow. They stated that there is a hearing at 8:30 am in which current attorney is requesting a "motion for withdrawal of counsel" The other hearing is for the original matter that I had retained the attorney for. There is a family law hearing set for tomorrow morning at 9:00 am to hear the "Motion For Enforcement of Child Support and Medical Support," the "Motion for Revision of Child Visitation," and lastly it is to be discussed in that hearing the matter of the current TRO that is in place. I am wanting it to stay in place and my ex husband is clearly wanting is lifted.The reason that I wasn't even aware of this hearing until late Monday of this week is because apparently my attorney, without communicating with me at all, just decided that he wanted to reset the last hearing date which was scheduled for Sept. 13th. I was prepared and ready for the hearing date and he emailed me on September 12th stating that the "case was being removed from the docket because the docket is full." I was confused by that because it is my understanding that in Texas you are not aware of whether docket is for until the morning of at 9:00when the judge has everyone meet in the presiding court room and assigns each case to a presiding judge working that day. I have never heard of the docket being full ahead of the hearing date. when I try to inquire with him and finally finished with his legal secretary she admitted that instead, he had reached out to opposing counsel and requested for them to agree to a "Rule 11 agreement" resetting the hearing. I did not find out until Monday, September 18 that the hearing date requested for reset was September 21st. I asked for a copy of the rule 11 agreement and I sent it over and it was not signed by either parties. I then asked why it was not signed and they stated that the other attorney had not signed or responded back to them yet. That is when they revealed that the 21st was the "tentative" court date and they weren't sure yet if that was going to happen yet or not. I had never agreed or requested a hearing for theWith that information I have the following questions.1. Can my attorney get a rule 11 from the other party with without even checking with me or notify me of the dates that he is requesting availability from the other party?2. Am I not afforded the same respect Of have a three day notice of hearing that is required to give the other party? I didn't even find out there was a rule 11 being sent to the other attorney with a hearing date of the 21st until late Monday in afternoon, when I demanded information since they weren't communicating with me. And they responded that the 21st was only a tentative date to since the other opposing attorney has not signed the rule 11 they sent over.
Submitted: 8 months ago.Category: Family Law
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9/20/2017
Family Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
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Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

1. Can my attorney get a rule 11 from the other party with without even checking with me or notify me of the dates that he is requesting availability from the other party?

Yes but it has to be in writing.

2. Am I not afforded the same respect Of have a three day notice of hearing that is required to give the other party? I didn't even find out there was a rule 11 being sent to the other attorney with a hearing date of the 21st until late Monday in afternoon, when I demanded information since they weren't communicating with me. And they responded that the 21st was only a tentative date to since the other opposing attorney has not signed the rule 11 they sent over.

Here if the lawyer is lawyer of record they can notify the lawyer.Time for you to terminate the lawyer and appear at hearings yourself.Ask for continuance based on need to prepare or seek a new lawyer.

I appreciate the chance to help you tonight again.Thanks.

If you can positive rate 5 stars it is much appreciated.

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