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Lawyer Won't File a Joint Motion to Dismiss

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  • 07-04-2010, 07:12 PM
    kimmy43
    Lawyer Won't File a Joint Motion to Dismiss
    My question involves malpractice by a lawyer in the state of: ALASKA.
    I went through divorce w/children.We had custody investigation.My ex & I are getting back together,we have a custody hearing comming up & both do not wish nor do we see a need to waste court time. I asked my attorney to file a joint motion to dissmiss and was told no!! My ex did pro per.How do I handle this situation? Thank You::confused:
  • 07-04-2010, 10:55 PM
    Mr. Knowitall
    Re: Lawyer Won't File a Joint Motion to Dismiss
    When you asked your lawyer, "Why?" he responded, perhaps, "Because I represent you, not your ex, and thus I can write a motion on your behalf but not one where I would arguably be representing the adverse party"?

    Also if your ex- filed for divorce and you never filed a counter-claim, it would be his case to dismiss. If he managed to dismiss by filing his own motion, not a joint motion, in pro per, it sounds like that was the situation.
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