Q: Can a trial be adjourned if the opposing attorney changes the name of its law firm and I sign an Order of Substitution?
They have had trial adjourned twice already. It would be the same lawyer just under a different law firm name (their own). I don't want to do anything that would allow them to push trial back. Would my signing an Order of Substitution af Attorney give them a way to ask for and be granted an adjournment? It's a custody trial and my ex let it slip that his lawyer was hoping to get trial delayed until after the baby is 9months, he's currently 7months. We go to trial in 2wks.
A:
First, if it's a custody case, did you hire an experienced family law attorney to represent your interest? If not, do so, as custody matters can be and generally are complex. I don't know where you're located, so it's difficult to advise you of the policies and practices of the court system in which your case was filed. Merely because a case is scheduled for a trial does not mean it will proceed to trial when scheduled. The court could be tied up in a trial from the day before, or maybe there's an older case than your case that will be tried first (although custody cases are to be given priority over cases other than criminal cases.
Now, to answer your question, the new law firm should be substituted for his attorney's old law firm, but that in and of itself should not be a basis for adjournment. I would suggest you ask the attorney to insert language that says the substitution shall not be a basis for adjournment of the trial. My best suggestion to you, however, is to hire that experienced and knowledgeable family law attorney.
A:
The facts you present confuse me. I'm not sure why an Order of Substitution would be needed for the same attorney of record, or why you - as the opposing party - would need to sign it. Typically, substitutions are signed by the oncoming and off-going attorney, and sometimes their client.
Double check your paperwork. What you may have received is the signed Order of Substitution, more or less as a courtesy copy - no action on your part would be required as it's already a done deal.
Be that as it may, whether this all results in a delay of trial is up to the judge. I cannot see how by simply changing firm names, this attorney could successfully ask the court to adjourn a known trial date...but stranger things have happened.
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