why would lawyer suggest this

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cbrown2012
Posts: 4
Joined: Sun Aug 12, 2012 12:32 pm

why would lawyer suggest this

Postby cbrown2012 » Tue Sep 18, 2012 9:58 pm

My lawyer has unfortunately been typical. He is appointed to my husband and myself. I have met him one tine 5 mins before court although i had been waiting an hour. He rarely returns phone calls but my husband has spoke with him and at first he was all for us. At court it was reset for new date bc he hadnt had chance review the case. That day he was to set up visits frim the judge so cps could not take them. He did not when we got out of court he told me he didnt need judge to fo it bc cps would do it in their own if we brought proof we had resided in our county fir three months. So he speaks wiyh five workers who showed up while i waited in another room. (Am not sure why i could not have been present) when he tells me come up with proof; his outlook has also changed and he began encouraging me to sign service plan plead guilty evem thougj he knew i did not want to do that. He told me to call him set up where i could meet him bring proof if where we lived. After two days of not hearing from him him not answering n him being in between offices so i haf nowhere to take it to. I sent him an email stating how i still needed copies to write declaration how all i wanted was cps to have proof etc. So 4 days later im assuming he thought my husband wrote email even though i clarified who i was..he tells my husband he could no longer represent him but me. My husband let him know i had sent email as lawyer also made smartalec remarks on how maybe he could represent himself in court etc. Our first day we had a lawyer appointed one of the supervisors stood up and said she thought my husband and i should have seperate council but the prosecutor stood up n disagreed and said he didnt believe to ne in our best interest have seperate council. So after my husband let lawyer know he did not write disagree with him the lawyer said the same thing as that social Worker thst day (how he believed there would be comflict of interest represent us both but hed still represent me unless i requested otherwise) ****so why all of a sudden would he recommend this? Do you think its bc the supetvisor social worker suggested this? He would not give details just that it wasnt a reflection of my husband. Personally he hasnt done anything and it seemed he wad botheted i wantef to sumbit a defense and be allowed a chance. I have had one visit in 6 weeks with the words of 'will be: but nevet happens. Even thougj i hold a piece if paper ststing we are to receive them every week but when you go against cps they are allowed to come up with excuses. I am so stressed. I saw forum about listening to lawyer so that means i have no say so and plead guilty because its easiest for my lawyer? To get visits back my lawyer saud he sent cps a lettet demanding to know why and have them reinstated and when i saw him at court he said that letter haf made them mad but amazing thing o havent seen my kids since end of august worker just puts it off. Now lawyer is leaving it in their hands
Sorry am all over place..
Wanted give a few details. Two questions*why would he suggest seperate council all of a sudden and *if lawyer is not willing to as he quote "ruffle any feathers" and you see he or she does not have your best interest merely a hurry up sign this


What can you do especially when you do request specific help they react in a negative way?

cbrown2012
Posts: 4
Joined: Sun Aug 12, 2012 12:32 pm

Re: why would lawyer suggest this

Postby cbrown2012 » Tue Sep 18, 2012 10:05 pm

Sorry about spelling errors i am typing on mu phone and with touch screen its easy hit wrong key for some reason once i write long paragraph it wont let me freely scroll througj to fix. This is why i havent posted before but i really need advice and hope it is understood.

One more quick question***I thought Lawyer needed written permissiom to speak with workers
At the least have me present? Perhaps am wronh
Again thank u for whomevet takes time to read and respond to my posts :wink:

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family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: why would lawyer suggest this

Postby family_man » Wed Sep 19, 2012 8:07 am

I am assuming that this is a court-appointed lawyer, correct? It is easy to see why he wouldn't want to "ruffle any feathers." He has to work with social workers and state DAs every day on dozens of cases at a time. He naturally wants to push these cases through with the minimum amount of fuss and effort on his part. He gets paid the same whether he spends five minutes on your case or five days.

His refusal to represent both of you is not a good sign. It means that he believes there is a conflict of interest between you two. He likely believes, or CPS has led him to believe, that one of you is the "guilty" party, who may never be able to rejoin the family, while the other party (you) is the one on the reunification path. He doesn't feel he can represent the interests of both of you, because if he tries to reunify your husband, it could jeopardize his chances for reunifying you.

This is part of the CPS strategy in many cases: divide and conquer. Even though CPS is required to exert "reasonable efforts" to reunite families, the agency does so very reluctantly. It's mostly about splitting families apart, while collecting federal money in the process.
Disclaimer: I am not an attorney, and this is not legal advice.

fatherofthree
Posts: 170
Joined: Thu Nov 10, 2011 1:15 pm

Re: why would lawyer suggest this

Postby fatherofthree » Mon Sep 24, 2012 11:38 pm

I don't know your case, but in many where I have spoken to lawyers, they realize something may be there. Doing services is sometimes a way to get CPS out of your life, depending on the case that is.
DISCLAIMER: I am not an attorney and am not providing legal advice.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: why would lawyer suggest this

Postby Eljay » Tue Sep 25, 2012 5:44 am

fatherofthree wrote:I don't know your case, but in many where I have spoken to lawyers, they realize something may be there. Doing services is sometimes a way to get CPS out of your life, depending on the case that is.



On the contrary, "doing services" is a way to firmly establish CPS in your life. And be "substantiated" for whatever abuse or neglect they are accusing you of, placing you on the Child Abuse Registry in your state. And locking in "a history" with CPS which will tarnish your parental reputation with the agency for any future interactions (words can't express how heartbreaking it is to see grandparents who are trying to get temporary custody of their grandkids while the parents are working through "services" who are denied because they have "a history" with CPS).
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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loki
Posts: 19
Joined: Sun Aug 26, 2012 6:46 pm
Location: ky

Re: why would lawyer suggest this

Postby loki » Tue Sep 25, 2012 2:35 pm

me and my husband has had separate attys from day one.my so called lawyer sits and yaks with cps while we wait to be called and not once does he take the time to talk to me.all he has said in two yrs is im familiar with your case.he wont return calls he cancels office appts and he refuses to file an appeal.im in on disposition and with this so called lawyer how can i win?he never presented my photos or documents to prove cps wrong.

loki
Posts: 19
Joined: Sun Aug 26, 2012 6:46 pm
Location: ky

Re: why would lawyer suggest this

Postby loki » Tue Sep 25, 2012 2:37 pm

never ever plead guilty and never sign an voluntary termination of parental rights....if u do your admitting to all the trash they accuse you of.


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