Los Angeles, CA asked in Family Law and Child Custody for California

Q: An attorney failed to file a LSR but handled an entire trial an orders were issued.Can I get the orders to be dismissed?

It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior to the last hearing where the orders were issued last year. Their records indicate that the other party has been pro per in the last two years. I was served by mail with LSR but shouldn’t the form had been officially filed with the court as well?

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1 Lawyer Answer
Chris M. Bradford
Chris M. Bradford
Answered
  • Divorce Lawyer
  • Santa Monica, CA
  • Licensed in California

A: The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the original should be filed and if filed can be found in the records office at the courthouse. If it is your case, you can look in the court file yourself. Go to the room for family law case records and ask to look at the file. There are people to help you there. It is unclear whether you have already done this. Maybe you have.

But your real question is: Is failure to file the form FL-950 grounds to get the orders dismissed? The answer is no. It sounds like you didn't like the orders made and are trying to find a way to invalidate them. It may be possible to get the orders changed if there is a change of circumstances. In rare cases it might be possible to get an order reversed, no-one can promise you this without knowing the facts of the case.

When you ask a question online, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.

Self-Help Center: All 58 counties in California have some type of Self-Help Center. The people at the Self-Help Center help you fill out family law forms for free. They can’t do everything in family law, but they will help you with all the basics. The downside is that they don’t have a lot of time to spend with you, and often there is a line to get in to see them. The up side is that it is free. So if you have more time than money, go to the Self-Help Center for divorce, custody, visitation, and domestic violence paperwork. But if you want more thorough in-depth help, it is recommended that you see a family law attorney. Many family law attorneys have a free first interview. Some charge only $50. Some $75 or $100. It only takes a phone call to their office to find out the fee for the first interview. There is no obligation to hire an attorney to do anything after the first interview. That’s up to you. Also there is no requirement that you talk to an attorney in your area. Any family law attorney licensed in California can help you no matter where you live as long as it is in the state or your case is filed in California. The interview would be done by phone, Zoom, Skype, Facetime or some other type online method. Even if the attorney is in your area, many attorneys are only talking to people this way due to the Covid pandemic, so you couldn’t have an interview in their office anyway. Also attorneys are going to give you a more-in-depth analysis of your situation than you will get at the Self-Help Center. So call an attorney and set up an appointment.

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