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If my lawyer has submitted a motion to the court that has information

in it that is not...
If my lawyer has submitted a motion to the court that has information in it that is not correct and not in line with how he is directed to represent me and my finances in a divorce case, can I request to have the motion retracted or how do I STOP this motion from becoming a court document?
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Answered in 1 hour by:
4/10/2013
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,231
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
Verified
Dear Customer,


thank you so much for using Just Answer.

I am happy to assist you today.


As to your question: You are the paying client and your lawyer has to do as you tell him to do.


Of course you can request to have the motion retracted because it is your case.


If you however retract a motion you are responsable for the fees, you pay your own lawyer`s fees and the other party`s lawyers fees as well




If I have helped I would very much appreciate getting positve feedback because this is how I get credit


Thank you




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Customer reply replied 4 years ago

Thank you. Can you explain this part of your answer?"If you however retract a motion you are responsable for the fees, you pay your own lawyer`s fees and the other party`s lawyers fees as well" and can my lawyer pay for the costs of doing something I did not instruct him to do?


 


 

Customer reply replied 4 years ago

Read your Expert's answer.
Click “Reply to Expert” to request more information about your initial question, for no additional charge.


 


I sent a "reply to expert" to have the answer clarified but the rate to finish came back as my answer. Can you help? Thank you.

Dear Customer,


your lawyer has to act strictly on what you advice him to to and not to otherwise.


According to the law the party retracting the motion is responsible for paying the fees.


But if the motion was only retracted because of what your lawyer did you should confront him about being responsible for the costs.





If I have helped I would very much appreciate your clicking on a happy face because this is how I get credit
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,231
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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Customer reply replied 4 years ago

"But if the motion was only retracted because of what your lawyer did you should confront him about being responsible for the costs."


To clarify: so can he legally define that without my action to stop him, this implies my consent? or are his actions his responsibilty? I gave no request for this motion that mandated higher values and payment from the other party: my lawyer spoke of strategies to get the party to participate, I did not translate his motion until after the court hearing. His actions in the other parts were always trustworthy.

Customer reply replied 4 years ago
Relist: Other.
I am NOT dissatisfied at all! The help from Claudia Marie Schiessl is excellent! I sought to have the answer clarified. ..."But if the motion was only retracted because of what your lawyer did you should confront him about being responsible for the costs."
I ask...(but no answer yet)
To clarify: so can he legally define that without my action to stop him, this implies my consent? or are his actions his responsibilty? I gave no request for this motion that mandated higher values and payment from the other party: my lawyer spoke of strategies to get the party to participate, I did not translate his motion until after the court hearing. His actions in the other parts were always trustworthy.
In the meantime a sign up for free trial and monthly plan came in. I'm okay with that too.
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legal eagle
legal eagle
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