Any alternatives to typical legal representation for custody?
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Anonymous
| Mediation did not work for my ex and I, so our custody case is going to go to trial. I can’t afford to be legally represented in the traditional sense, and I was wondering if there are any alternatives so that I can have representation at trial itself? I’ve been told the majority of the cost comes from discovery, but I am willing and able to navigate that process independently. I would even feel comfortable being pro se at trial (my ex is pro se), but I don’t want to have any bias sway the judge. I am not low income, so pro bono services would not apply for me, but I’ve already spent a significant amount of money on lawyer fees up until this point and can’t afford that much again. |
Anonymous
| The problem is that it’s illegal to practice law without a license. So a non lawyer cannot represent anyone in court. |
Anonymous
I’m the OP. I’m not interested in a non-attorney representing me at trial. I want an actual attorney, but I can’t afford the cost of an attorney going through the discovery process. I feel comfortable doing all of that myself and would just like to have a lawyer at trial with me. |
Anonymous
Then ask someone if they will. That’s all you can do. I personally would not be interested in this simply because I wouldn’t want to be responsible for DIY discovery when I had no way of knowing if you had lied, hid documents, just didn’t know the rules, etc, and then risk that coming out at trial with me as counsel. |
Anonymous
| Then go back to negotiating with him. Is there any way to compromise? |
Anonymous
this. unless there is a hugely serious issue like a special need or abuse, you need to compromise. and if it’s hugely important then why would you cheap out on lawyers? swallow your pride and compromise. |
Anonymous
| No good lawyer will represent you at trial when they (or another lawyer) did not represent you during discovery. If you and your ex can't afford lawyers then you can't afford to go to trial. Did your mediator not discuss the consequences of not reaching an agreement? Your options are go into debt to afford an attorney or get back to mediation and don't leave till you have an agreement. Remember 99% of the time you end up with some variation of 50/50. |
Anonymous
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what you're looking for is called "unbundled legal services" or "limited scope representation" and here are different state rules on it https://www.americanbar.org/groups/delivery_legal_services/resources/pro_se_unbundling_resource_center/pro_se_resources_by_state/
Even if it's allowed, a lot of lawyers don't want to do it for several reasons--including that they have enough clients who will pay for full service so they don't need to do unbundled. |
Anonymous
| Ask for the court to appoint a GAL. They represent the child but if both parties are unrepresented their recommendation will have a large impact. This, of course, assumes that you will come across as a reasonable person to the GAL. |
Anonymous
Yep. And if you are requesting something big, like legal custody, more than 50% time, to move, then the judge could easily decide NOT in your favor and you could end up much worse off. If you are going to court on decisions like school selection or medical care, the judge could decide that the parents are incapable of joint legal custody and award legal custody to your ex. Then you get no say. You REALLY need a lawyer to advise you on the risk YOU are facing by going to court. |