Dad has drained my finances by dragging out our parenting case. Now, I’m left without an attorney, and the trial is scheduled for next week. I fully understand that I need a lawyer given the complexity of this case, but I don’t have the funds to retain one right now. I’ve filed a motion, but the judge won’t hear anything until the trial. Does anyone have advice on how I can request a continuance to buy time to get proper legal representation? Any input is greatly appreciated.
Attorney here, not your attorney though. You should file a motion for a continuance specifically asking for more time to get legal representation. It’s not typical to ask for attorney’s fees on a motion for continuance. If you’ve already filed a motion, ask the opposing attorney if they would agree to a continuance. It makes it more likely the judge will approve it. Also, if you can’t retain an attorney immediately, consider getting a consultation for trial advice.
You may not be granted a continuance, especially if the process has already been drawn out. Plus, you don’t have a firm date for when your potential lawyer could take the case.
One option would be to retain an attorney as soon as possible, even if just before the trial. An attorney can appear on the trial date and request a continuance, and the judge will be more likely to take their request seriously. It’s better than going in without a lawyer and asking for more time to hire one.
Unfortunately, I don’t have enough to retain an attorney right now. I’m aiming for early December to retain one, with the hopes of a mid-December trial.
It’s all going to depend on the judge. Be prepared to go to trial by yourself if it comes to that, but also prepare a solid argument for why you need a continuance. If you’ve asked for one before, it could hurt your chances of getting another one. Best of luck.
File a motion asking the court for a continuance to get an attorney. However, the court may not grant it depending on how long you’ve been without a lawyer and how long this case has been going on.
I already filed a motion, but the judge said she won’t hear anything until the trial.
Typically, you can’t request attorney’s fees unless you’ve already incurred them, and even then, you need to show they are accurate, fair, and reasonable, which usually requires an expert to verify.