Notice of Unavailability of counsel: periodically we have received notice from my husband's ex-wife's attorney although we have no activity taking place in our child custody case at this time. My husband, the father, has 98% custody, the mother has supervised visitation only and currently lives out of state. When we get these notices we wonder if she has plans to file for a change in the existing custody order. Does it really mean anything to get notice if there is no open filing or actions pending?
Thank you.
Asked on 1/10/11, 9:24 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
An attorney cannot file paperwork for a motion, OSC, or other court proceeding and then announce that they are unavailable.
A good discussion of a recent case criticizing the practice is on this page:
http://blawg.scottandscottllp.com/businessandtechnologylaw/2007/12/appellate_court_gives_big_thum.html
Answered on 1/22/11, 4:42 pm
Tina Chen
Law Office of Tina Chen
Some attorneys, especially sole practitioners, send out a Notice of Unavailability of Counsel to notify the opposing party of any upcoming vacations. It doesn't mean they're planning to file a motion.
Answered on 2/08/11, 5:44 pm
