Chris Gottlieb, co-director of the NYU School of Law Family Defense Clinic, and Holly Beck, staff attorney with The Bronx Defenders, write that when a court conducts a hearing in the absence of a defending party, an attorney who appears for that party may face a dilemma: whether to participate in the hearing, and thereby waive the client's right to move based on excusable non-appearance to vacate a finding and re-open the hearing, or not participate and thereby forgo the opportunity to challenge the petitioner's case.
Attorney Participation in Family Court Hearings in Absence of Clients
New York Law Journal
June 22, 2012
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