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  • 1.  GAL per R 4:26-2(b) - communication issues

    Posted 02-20-2015 02:46 PM

    I was appointed as a Guardian Ad Litem pursuant to R. 4;26-2(b) for a plaintiff in a pending matrimonial matter.  Plaintiff's former counsel filed a motion to be relieved and to appoint a GAL as he alleged she was incapacitated.  The Court agreed and appointed me.

     The problem I have is communicating with her.  She lives by herself and refuses to return my phone calls or respond to my letters.  I drove to her residence one day and happened to see her outside (her house is behind a fence) and I was able to speak to her for approximately one hour.  We scheduled a follow-up appointment at my office, but she did not appear.  She has not responded to my calls or letters since then.  

     Does anybody have any advice as to what, if anything, I can conceivably do about this?  I am preparing a motion with the Court to address the other party's discovery deficiencies and for other issues, so I figured I could try including something there, but I have no idea what to include.  

     Any help is most appreciated!

    Thanks,

    ------------------------------
    Gregory Thomlison Esq.
    Toms River NJ
    (732)736-8100
    ------------------------------



  • 2.  RE: GAL per R 4:26-2(b) - communication issues

    Posted 02-20-2015 03:06 PM
    Gregory:  You may wish to give yourself some distance.  The attorney being relieved from the case may have been premature.  Your appointment appears to have been not as the plaintiff's attorney, but rather, to determine what is in your ward's best interests.  All you can do is may every reasonable effort to keep the plaintiff informed.  But, you may wish to have an attorney to handle the Family action.  Just thinkin'.....   

    ------------------------------
    Mitch Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ
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    Original Message


  • 3.  RE: GAL per R 4:26-2(b) - communication issues

    Posted 02-20-2015 03:33 PM





    DAVID MOLK
    Attorney At Law

    71 Mount Vernon Street
    Ridgefield Park, New Jersey 07660
    Phone: (201) 440-3400; Fax: (201) 440-4347


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    On 02/20/15, Mitchell Steinhart via New Jersey State Bar AssociationConnectedCommunity.org> wrote:



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    Feb 20, 2015 3:06 PM

    Mitchell Steinhart <http: community.njsba.com/network/members/profile/?userkey="75e6f196-02c0-49ad-8175-bcce7fc77674">



    Gregory: You may wish to give yourself some distance. The attorney being relieved from the case may have been premature. Your appointment appears to have been not as the plaintiff's attorney, but rather, to determine what is in your ward's best interests. All you can do is may every reasonable effort to keep the plaintiff informed. But, you may wish to have an attorney to handle the Family action. Just thinkin'.....

    ------------------------------
    Mitch Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ
    ------------------------------



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  • 4.  RE: GAL per R 4:26-2(b) - communication issues

    Posted 02-20-2015 03:37 PM

    Agreed, the role of guardian ad litem (best interests of the client) and attorney (advocate for client's position, not nec what is in her best interests)  are different.   You should request permission to hire a family attorney for her.  Gabrielle
    ------------------------------
    Gabrielle Strich Esq.
    Princeton NJ
    (609)924-2900
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    Original Message


  • 5.  RE: GAL per R 4:26-2(b) - communication issues

    Posted 02-20-2015 03:43 PM
    Agree with Mitch.  In fact, you may not want to meet with her alone. It may be prudent to have a member of your staff at all meetings.  On occasion, a fellow attorney may be able to accompany you if you must meet her out of office.  recording the meeting?  I don't know.

    ------------------------------
    David Molk Esq.
    Ridgefield Park NJ
    (201) 440-3400
    ------------------------------


    Original Message


  • 6.  RE: GAL per R 4:26-2(b) - communication issues

    Posted 02-20-2015 04:28 PM
    Gregory,

    I once had something similar. I was appointed in a case where the defendant was accused of giving bad checks to the post office, purchasing hundreds of stamps. I was able to speak to her once, but after that, she ignored me and refused to have anything to do with me. I was a young associate at the time, and I turned to a handsome, male senior partner, who stepped in. She was a kitten with him, and a charging bull with me. I was able to get her off, due to the kindness of the postal service, and I wondered what she had done with all the stamps.

    Soon after the case was completed, I received a copy of a letter sent to the judge who had assigned me - and cc'd to the President of the US, multiple federal and state senators and legislators, most of the US Supreme Court justices, the governor, all of the local politicians, and many others objecting to my having been appointed as her attorney and calling me - and I quote - "a murdering sphinx." I was never sure if that meant I was a sphinx that committed murder, or if I had allegedly killed the sphinx (which I can assure you, I did not). But, at least, I found out what she needed all those stamps for.

    In a day when I would truly hope that we are beyond sexism, I am loath to give you this advice - have a female attorney step in. You never know.

    Just sayin'

    Good luck,
    Felice

    Felice T. Londa, Esq.
    Londa & Londa, Esqs.
    277 North Broad Street
    Elizabeth, New Jersey 07208
    Work (908) 353-5600
    Fax (908) 353-5610
    [email protected]
    www.LondaLaw.com


    Original Message


  • 7.  RE: GAL per R 4:26-2(b) - communication issues

    Posted 02-21-2015 02:57 PM

    Hi Greg:

    It sounds as though your client may have some mental health issues. I would apply to the court for the appointment of a Law Guardian for her (distinguishable from a Guardian ad Litem).  This individual would act in her stead if she is not able to reasonably participate in the litigation.  Good luck.

     Roz

    ------------------------------
    Rosalyn Metzger, Esq.
    Rosalyn A. Metzger LLC
    4 Wood Hollow Drive
    Pittstown, New Jersey 08867
    [email protected]
    www.mediate.com\RMetzger
    (908) 238-0099
    ------------------------------


    Original Message


  • 8.  RE: GAL per R 4:26-2(b) - communication issues

    Posted 02-21-2015 07:01 PM

    This is a Law Guardian case, from what you're telling me, and the Law Guardian should report to the Court and ask that an attorney be appointed to represent this client. This is very difficult advice to venture in a semi-vacuum. Without being privy to the specifics of the client's condition, or to the stated reasons underlying the prior lawyer's successful application to be relieved, one is given to wonder whether the lawyer should have been released altogether before getting a functional guardian in place. Lawyers finding themselves in that unusual position in a family action should be concerned that they may not be working under a contractually enforceable retainer agreement, for just one instance. These are terrific cases not to have.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585
    ------------------------------


    Original Message