Mr. Rice Withdraws as Father's Attorney
After our mediation on November 4th,
I tried to contact Mr. Rice on numerous occasions to ask what was going to be
happening next. I called perhaps twice leaving a message with the legal
secretary. I always emailed once a week
to ask for an update. No reply.
I had previously expressed my
dissatisfaction with the office staff not keeping me up to date on the status
of the case. The legal secretary replied that they had other cases they were
working on and due to the departure of one of their firm's attorney they were
very busy. I made it clear that I am not saying they need to call me or meet
with me. Just brief email saying things like "we are still waiting on a
reply from the clerk at the court" or "we are starting to draft your
motion on xxx and we expect it to be completed with Mr. Rice's review late next
week". But the legal secretary just got defensive and kept saying that they
can't just drop everything to reply to my questions. They said the best way to
get a response was to make an appointment with Mr. Rice. Now that is totally impractical since I have
work to pay for Mr. Rice and I am not going to waste his time for a simple
update. So I then told them that if they
just have too many cases and if my case is less of a priority for them just let
me know so I can go else where. They of
course assured me that that was not the case.
So by the time December rolled
around with no word from Mr. Rice or his legal secretaries, I was at the end of
my patience. I had not received the written summary of the mediation that they
promised, nor a notice of the follow up mediation
appointment. I wondered if I was supposed to contact Mr. Gordon the mediator
about it. Also couple months ago I had asked if we should request a social
investigation for the case and how I want to have Stacy answer questions
through interrogatories. I had not heard whether Mr. Rice thought it was a good
idea, bad idea, or he thought it didn't matter.
I had to conclude that Mr. Rice just didn't have time to bother with my
case and I would probably be better off retaining another lawyer.
I let my intentions known to Mr.
Rice and I started interviewing new lawyers. In mid December, I received notice
through Mr. Rice's office that the trial date for my case has been set for
January. I called Mr. Rice's office to ask what this meant. They said that they
had applied for a court date and this is the court's response. When I went to
pick up my files from Mr. Rice's office, they also gave me copies of the other
motions and such that Mr. Rice had already filed with the court prior to his
dismissal as my attorney.
In hindsight firing my lawyer at
that particular time was a mistake and it hurt any chance I had at trial.
Without representation, Judge Frank Marriott had no patience for me and did not
give my side any consideration whatsoever. Although the Judge granted Stacy a
continuance 6months ago to get an attorney after she already had 20 days to
think about it, He refused my same request for a continuance to obtain a new
attorney. Mr. Fox, Stacy's attorney, jumped at the chance and said he was
prepared to go to trial next week, the judge agreed. So I was thrown into trial
without an attorney and with out any of the materials I needed to successfully
pursue my case.
I regret how things turned out. I
wish I could do things over and obtain a better outcome for my kids. I could
blame others for the kids' current situation. Surely Mr. Rice could have
inspired me to have more confidence in him; legal secretary could have done her
job by keeping me in the loop. Mr. Fox could have been sympathetic for me, and
the Judge could have sided with me. Sure
it would be nice for the kids if I had gotten those breaks, but in the end I
only have myself to blame. All I know is that as I look back at each decision I
made, each step I took, I know that none were made carelessly or half
heartedly. I tried my hardest at each point to guide the outcome into what I believed
to be the best outcome for the kids. And in the end, it just wasn't enough.

