Legal Question in Family Law in Washington

Legal Representation

My attorney informed me that since i decided to take my case to trial she will not be able to represent me for the trail I'm in a dependency case that is comming to a end the father has the children and we are supposed to come up with a parenting plan and I do not agree with what he has proposed so i told my attorney that i want to take it to trial and she said that she nor his attorney will not represent us we have to attain a attorney at our own expense if we want an attorney is that true do we have rights to legal rep for the trial.


Asked on 10/06/08, 11:42 am

1 Answer from Attorneys

Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

Re: Legal Representation

First, is your "attorney" really a person who is licensed to practice law? There are many persons who represent to the public that they can help the public with preparing forms, putting motions together, and giving advice to the public while these persons are not licensed attorneys. (The unauthorized practice of law is unlawful.)

If the person who is helping you is a licensed attorney, she will have a bar number that she must give to you if you ask her. Knowing her name or bar number, you can check if she is a licensed attorney at www.wsba.org .

Is the person your attorney of record? That is, has the person notified the court that the person is representing you? If yes, her ability to withdraw as your attorney may be limited if the trial is coming up soon. With an upcoming trial, an attorney generally would have to ask the court's permission to withdraw as the attorney of record.

Often, with an upcoming trial, the court will not allow an attorney to withdraw, especially if there is no other attorney to take over and the client objects.

If you are in a proceeding where your parental rights may be terminated, you have the right to court-appointed legal representation if your income qualifies.

Without knowing more about your situation, no one can comment specifically about your situation. For help that is specific to your situation, you will need to review your facts and options with an attorney.

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Answered on 10/06/08, 12:51 pm


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