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Final question. Is there a legal code I can reference in my…

Final question. Is there a...
Final question. Is there a legal code I can reference in my letter to my attorney that I feel she is forgoing my legal rights by always requesting to confer in judges chambers and another things she does is always asks to speak to the opposing attorney on her own and goes into a shut room room with just them, then comes out, and refuses to even discuss any of what was discussed.
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Answered in 1 hour by:
3/12/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,275
Experience: 30 years in civil, probate, real estate, elder law
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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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T​his is ex parte communication in my mind...https://brazoscountytx.gov/DocumentCenter/View/1264​

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More reference...http://www.texasbarcle.com/Materials/Events/4820/95983_01.pdf​ I appreciate the chance to help you again.Thanks for rating 5 stars.

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Customer reply replied 4 months ago
I’m sorry… I find your reply confusing. You stated that I can make a verbal request to be privy and present for all communications with the judge however you provide an an attachment saying that I’m not allowed communications with the judge?
Customer reply replied 4 months ago
Are you providing the articles to say that the attorneys are limited in their communications with the judge or I am limited as a client in my communications with the judge? Please clarify.
Customer reply replied 4 months ago
Additionally, the documents and attachments you have provided appear to be only referencing criminal law and I am not sure if those laws carry over to family law jurisdiction. Please advise.

T​hey cannot exclude you.This is your lawyer no protecting your rights.This is exparte if they are talking without you present.They invite your lawyer,they should invite you and your lawyer should insist on that.

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Customer reply replied 4 months ago
Thank you for the clarification. This is so angering that so many attorneys take advantage of the client because they often know the client doesn’t know otherwise.Which brings me to another question????We have had multiple court hearing set to hear the matter of actual custody of my son and this case has been going on since 07/2017 and NOT ONCE has testimony been heard. For instance, all other bearings were delayed and reset but the first hearing that was finally had to hear the matter of custody, was 10.10.17 in which I had been told to immediately return with the child to Bexar County. Which I immediately complied. And that day in court, the judge said “there aren’t enough judges today, I don’t have time to hear your case. Then the attorneys asked to meet in judge’s chambers. Both attorneys went back while my ex and I sat in the courtroom waiting. Then they came out and the judge said “this is what I’m going to do...both attorneys agreed it would be in the best interest of the child to have an Amicus Attorney and one attorney suggested Ana Hesbrook so I’m ordering that Ana Hessbrook be appointed to this case immediately and each parent be ordered to pay 50% of the amicus attorney’s fees. I’m also ordering the child stay in Bexar County no questions asked. I have also heard from the attorneys that there was concern that the father was leaving the child alone for 16 hours per day overnight while father was at work leaving the child to feed, care, and Medicate himself. Im ordering that this child not be left unsupervised whatsoever.”She had wrote those orders and then left.I sat shocked. No testimony was heRd about the abuse and extreme harassment causing me to lose my home in Bexar County which is the only reason I was forced to break the custody agreement for the first time in 8 years! Then you add the fact that My Attorney didn’t once ask me about an amicus being appointed. And I found out later that her and the amicus attorney are good friends as a side note. My attorney knew that my financial situation was literally $0.00 income and now she just added an extra cost to the case.Now...in 5 months the amicus attorney has not followed up, done one phone call, reached out to any of the witnesses, my sons doctors or therapist, or the school on the terrible abuse that has been occurring. I have begged her to log into OFW Our family wizard to see how my ex has admitted to abuse in some of the messages and then refused to communicate regarding my sons well being and it shows that in 5.5 months on the case she has never logged in. Yet she keeps sending me threatening emails demanding more money.My question is 2 things:Since this entire court hearing was done through exparte communications can I ask that the entire ruling from that day be erased or removed? And if i can how do I do that.2. Can I request that the amicus attorney be removed all together and her opinion not contribute to the case whatsoever. There is something not right about this amicus. she speaks to my ex husband but refuses to speak or. Communicate with me whatsoever so I’m feeling she is very biased. So can I get her removed based on the fact that she is quite literally not even doing her job on the case, and secondly she was appointed in judges chambers under illegal exparte communications. Therefore her appointment should be removed and negated.
Customer reply replied 4 months ago
Please? I have court at 8:30 am tomorrow and I need to be prepared and I think my attorney has been misrepresenting me Ana pulling the wool over my eyes for the last 6 months.

You can ask for new amicus lawyer. You can ask for all meetings here to be in open court .And you can try to overturn the prior rulings the court would have to agree for that to happen.

I am so sorry that they did this to you. You deserve better here .Don't let them have any more discussions without you , prayers to you here.

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

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Customer reply replied 4 months ago
I was trying to do some research and it states An ex parte communication is a “communication between counsel and the court when opposing counsel is not present.” And that there are times when exparte communications are allowed and additionally exparte means “one-sided” so could their Argument be that the communications with the judge weren’t exparte since each attorney from each side went into the judges chambers to speak to the judge. However, neither me or my ex, had any say, no testimony was given or even opportunity for testimony and judge just ordered my son be kept within Bexar county forcing me to hand over my son to an abusive man not even allowing me to explain or testify why it was so crucial that I didn’t hand him over due to the abuse and neglect that started this whole issue.

I think its hard to claim ex parte since your lawyer went went without you.But I would tell him he should ask that you be included in all the conversations.They are trying to get around the rule here.

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Customer reply replied 4 months ago
Well I just went on a several hour research binge thinking my attorney had committed violation of exparte communications when I clearly explained that all the attorneys went into judges chambers without permission or even asking me or my ex if we were opposed and then shocked to have the judge come out with a decision based on just what she attorneys revealed on a temporary hearing.
Customer reply replied 4 months ago
I know my attorney is trying to skate by on the rules but I need to understand how to argue a request that the behavior stop if the behavior is one that is technically allowed.
Customer reply replied 4 months ago
Do I have an legal stance here that my attorney technically did anything wrong? And do I have a stance that the ruling from 10.10.17 be overturned due to bias from attorneys and no testimony heard.

Well I think its worth raising. It certainly has the appearance of ex parte conversations.It is important to you to be involved. I think if you raise this they at least stop here. Best you can do.It has a a bad appearance.

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Customer reply replied 4 months ago
Worth raising is questionable because I’m a single mom and I can’t just pick every single battle. I can only pick battles if I feel I have a high chance of being right.Exparte means one sided. So I’m going to be laughed at and made a fool if I try to make this argument and they state that since all attorneys for all parties were present during the judge’s communications in her chambers so therefore there was not a violation of exparte communications.

It harmed you because you were unable to participate and it amounted to an ex parte hearing without you being able to participate.Best argument you can make here.

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Customer reply replied 4 months ago
Ok. I will consider it. Let’s hope the attorneys don’t try to pull this maneuver again tomorrow at court for the hearing that my ex wants his child support stopped, his arrears balance erased and then me ordered to pay child support to him even though custody hasn’t even been established yet. I’m fearful that the attorneys will attempt to confer together without clients present Ana then confer with the judge in judges chambers without clients present.So to clarified, I just verbally state, to the judge that I ask that ALL communications occur in open court and not to meet with attorneys on her chambers if that happens?

Yes this is sneaky and unprofessional of your lawyer to do this.Prayers to you hoping for the best.

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Customer reply replied 4 months ago
Thank you so much. I’m in tears. This whole situation is such a mess and I don’t even know where to begin.

T​ake a breath and appear tomorrow. Insist your lawyer work with you in the open and not against you. I wish you the best here.

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Customer reply replied 4 months ago
I just found this in my research.
Customer reply replied 4 months ago
In Chambers ConferencesUpon occasion, the judge requests that the attorneys for both sides of a case confer with him in his chambers, which many clients view with great suspicion. If the judge makes such a request, your attorney has no alternative but to join his opposing counsel and the judge. To do otherwise would be offensive and against your interests. What usually transpires during an in chambers conference is an effort by the court to streamline the case, to see if the court can do anything to expedite the case and to resolve scheduling matters which may arise due to the length of the case. The court will endeavor, in this relatively informal atmosphere, to become familiar with the issues, to determine how many witnesses may be involved, to obtain the attorneys' real estimate of time for the trial of the case, to give the attorneys the court's estimate of time for the trial of the case, to explore any possibility of settlement or stipulations (agreements) of the parties, to make sure that all exhibits have been marked and/or exchanged, and to ascertain if there are any significant legal issues. If done properly, an early in-chambers conference can be very useful in assuring an orderly and trouble-free trial. Because of the feeling among the general public that deals are cut in smoke filled back rooms, the court may deal with these issues in a pretrial conference from the bench in view of the clients, but often they are conducted in chambers.

I agree it should be in the open here. It is worth raising the issue that you feel you have not been included and its amounts to an ex parte proceeding.Thanks and thanks for rating 5 stars.

Ray
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