Confusing Lawyerspeak
November 2, 2011 1:49 PM Subscribe
Law question: Me and the ex are going to court to go over child support, and today I got a copy of a motion filed by his lawyer that said, "Please enter my appearance on behalf of the defendant (his name) on Complaint for Modification filed by Kinetic."
I don't have a lawyer to ask.
Does this mean my ex isn't going to show up at court?
What Ironmouth said.
posted by crush-onastick at 1:57 PM on November 2, 2011
posted by crush-onastick at 1:57 PM on November 2, 2011
Response by poster: I don't know if this changes an answer, but she filed this after I petitioned for sole custody.
We already had a court date for child support discussions in December, but then I petitioned for sole custody and I got a date for next week...suddenly, this letter appeared.
posted by kinetic at 2:01 PM on November 2, 2011
We already had a court date for child support discussions in December, but then I petitioned for sole custody and I got a date for next week...suddenly, this letter appeared.
posted by kinetic at 2:01 PM on November 2, 2011
What Ironmouth and crush-onastick said, but to add a little bit "please enter my appearance" is the lawyer formally telling the court (and you) "I am this guy's lawyer."
posted by AgentRocket at 2:01 PM on November 2, 2011 [9 favorites]
posted by AgentRocket at 2:01 PM on November 2, 2011 [9 favorites]
"Please enter my appearance for [client]" has nothing to do with whether client will be in court. It's a formal notice to the court and parties that the attorney represents the client.
posted by jayder at 2:03 PM on November 2, 2011 [1 favorite]
posted by jayder at 2:03 PM on November 2, 2011 [1 favorite]
What AgentRocket said . . . this is letting everyone (you, the court, judge, etc.) know that your ex is being represented by counsel. It does not necessarily mean that your ex won't be in attendance, but it's more likely that your ex will be there with their attorney.
posted by Sassyfras at 2:05 PM on November 2, 2011 [2 favorites]
posted by Sassyfras at 2:05 PM on November 2, 2011 [2 favorites]
Without seeing more, it seems that your ex felt like he was capable of taking care of himself with respect to support issues, but when he got your custody petition he understood that more was on the line and decided that he needed to lawyer up.
posted by AgentRocket at 2:05 PM on November 2, 2011
posted by AgentRocket at 2:05 PM on November 2, 2011
Agreed, this just means that this new guy is the attorney for your ex. Nothing further can be deduced from this statement. Ianal.
posted by Brian Puccio at 2:10 PM on November 2, 2011
posted by Brian Puccio at 2:10 PM on November 2, 2011
Uhm, perhaps you should have a lawyer? This is exactly the sort of question you could easily get explained to you by a lawyer.
posted by nat at 4:34 PM on November 2, 2011
posted by nat at 4:34 PM on November 2, 2011
Get a lawyer. You need representation. This is not about turning hostile. It's necessary because this is perhaps the single most important legal issue you'll ever face, and once it goes wrong, getting it right again is expensive, difficult, and exhausting. Get a lawyer, and if it's really important to you that the tone stay civil and cooperative, make that an essential requirement of your lawyer's behavior. But get a lawyer. Really, get a lawyer.
posted by Capri at 6:09 PM on November 2, 2011 [10 favorites]
posted by Capri at 6:09 PM on November 2, 2011 [10 favorites]
This means that the lawyer represents your ex in court proceedings in this matter.
Your ex may or may not show up. The lawyer will be there.
posted by J. Wilson at 6:23 PM on November 2, 2011
Your ex may or may not show up. The lawyer will be there.
posted by J. Wilson at 6:23 PM on November 2, 2011
It also appears to mean that your ex (through the lawyer) is moving (asking the court) to modify the child support obligation.
posted by J. Wilson at 6:24 PM on November 2, 2011
posted by J. Wilson at 6:24 PM on November 2, 2011
Sorry, I got that backward. You asked to modify, and you clearly already understand that part of it.
posted by J. Wilson at 6:25 PM on November 2, 2011
posted by J. Wilson at 6:25 PM on November 2, 2011
It means you need to get a lawyer. Period.
posted by kjs3 at 8:17 PM on November 2, 2011 [3 favorites]
posted by kjs3 at 8:17 PM on November 2, 2011 [3 favorites]
Response by poster: Just wanted to update: it turns out in Massachusetts that because I didn't have a lawyer, we all had to meet with a probate officer before seeing the judge.
She read the petitions, listened to everyone, pretty much explained the law to me, told my ex's lawyer when she was wrong, and helped write an agreement that worked completely in my favor.
We then went to the judge who asked if I wanted free legal representation or if I was okay with the agreement.
Now I know for the future that I don't need to pay a lawyer if this nonsense ever happens again.
posted by kinetic at 1:30 PM on November 13, 2011
She read the petitions, listened to everyone, pretty much explained the law to me, told my ex's lawyer when she was wrong, and helped write an agreement that worked completely in my favor.
We then went to the judge who asked if I wanted free legal representation or if I was okay with the agreement.
Now I know for the future that I don't need to pay a lawyer if this nonsense ever happens again.
posted by kinetic at 1:30 PM on November 13, 2011
This thread is closed to new comments.
posted by Ironmouth at 1:52 PM on November 2, 2011