See an attorney before you file a motion, not after
I really don’t understand why some people file a motion and then come to my office after the other side files a response. The best is when it is just days until the court date.
My advice is to see an attorney before doing anything. Also, don’t wait to see an attorney. You are better off seeing one now then waiting. The worst that happens is that the attorney tells you that cannot file the motion now. I had such a client today. He thought he had a good motion for emancipation even though he didn’t know the first thing about the law. So as a result, the other side filed a cross motion and now he comes to my office.
Luckily, I don’t think it will turn out bad for him but most people are not so lucky. I’ve seen too many people file some type of child support motion only to have it blow up in their face.
Compare that situation to another client that came in my office today. The child at issue is only 19 months old and she never had an attorney before. At the last court appearance, the court actually told her that she better not come back without an attorney. Even though the judge said that, she would have been able to represent herself. The judge is just trying to help her.
The other attorney filed a real bogus motion that I would never have filed. Some attorneys just seem desperate to take money. If her ex would have came to me, I would have told him that most of what he wanted is impossible. My client today tells me that his last attorney was like that which is why that attorney was fired. So, there is clearly a market for attorneys that will rip you off. I refuse to cater to that market.
Even though this was a real bogus motion, without an attorney to shoot it down, it might have taken off. I’m sure I’ll be able to shut it down without it getting expensive.
Lesson for the day: get some advice before you step in it.