Q: To amend my Counterclaim do I just write I want to add a Count V to be joined to my original Counterclaim and file that?
My lawyer filed my Counterclaim but he left out alimony as a claim. Can I type a new document to add “Count V - Alimony” to be joined to my original Counterclaim that was already filed or do I have to write the entire counterclaim word for word with Amended Counterclaim as the heading and then put in Count V at the end?
A:
We really cannot go behind the back of an asker's lawyer and provide hip-pocket guidance and advice. The asker must address her concerns with her lawyer.
There are many reasons why alimony is not an appropriate prayer for relief. Both parties may be huge earners who would not qualify for alimony. Or, perhaps the lawyer had to rush to file the divorce action, and did not include a prayer for alimony. He can move to amend the complaint and the court will likely grant it.
There are many good reasons a lawyer does or does not do in a court case. Further, everything is correctable and adjustable. There is no need to go behind the lawyer's back and seek a second opinion as to how to amend a pleading assuming that is the appropriate procedural step to take. Only unethical lawyers will subvert the asker's attorney-client relationship in an attempt to bounce the prior lawyer and take over the case and get paid.
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