What is a Case Management Hearing?

[kfifd196]

Hi... . What is a case management hearing?  I have one tomorrow and have no idea what it is.  I am really confused with this whole divorce process and don't want it in the first place, plus I don't like my lawyer, but can't afford a different one, so I feel screwed!  I almost feel like my lawyer is working for my wife's side... . If I call him to ask him, there's another $500/hr that I don't have!  Thanks!

[ForeverDad]

Do an internet search on "Case Management Conference".  As an overview it's likely for the parties to discuss the issues and set up a framework for handling everything such as discovery, various motions, scheduling, etc.

Are you required to be present?  If not then it probably is very much like my state's "pre-trial hearing".

[momtara]

I think it's:  Something for both lawyers to go to, talk to the judge briefly, get some deadlines for mediation and other stuff like that.  You may get a schedule of when you're supposed to do different things - like have mandatory custody mediation if that's something your state has.  Then later, economic mediation.  If your lawyer wanted, he could bring up a consent agreement for you to both sign and have approved by the judge that day, but you may not be ready for that.  Any time you go to court, it costs money.  This may not be a long thing, but hopefully it will be swift and your lawyer can get some things accomplished.

I wish I'd known this early in my divorce process, but you can go to avvo.com and ask questions like that anonymously.

Your court may also have a booklet it gives out to explain the process. 

I had two lawyers and neither was ever good at explaining this stuff to me, even the expensive one. 

[Thunderstruck]

We have one scheduled for June. The L said it was basically for the judge to meet with both sides and figure out what's going on with the case (like how much time this needs to take).

[livednlearned]

It's worrying that you feel your L is working for your wife's side... .

What makes you feel that way?

If you mean that he is pushing for the divorce because she is, that's probably normal. But if you feel that he is not representing your interests (and by interests I mean good custody arrangements for you), then that's a problem. There are very few divorce lawyers who are going to try and help you stop the divorce from happening, especially in a no-fault state.

Ethically, lawyers must represent their clients, even if they don't agree with them. If they find that they cannot work with their clients, lawyers are allowed to withdraw. If you feel that your lawyer is doing a bad job and you've already given him the retainer, there are things you can do to get out of the arrangement, but it's not ideal.