No, "of counsel" usually is not trying to make partner. They're usually very well connected and just wanting the business structure of a larger business, the office space, etc. They tend to have thier own caseloads and reputations and are doing quite well on thier own but just want a reliable copy machine, receptionist, delivery service, billing & collections department. They're often not willing to work full time for the firm they're with or they're not willing to take the reduction in pay.
It's quite common for them to ask for you to pay thier fees if you're unreasonably not agreeing to something.
It's unreasonable to not agree to something like a continuance if they've got a reasonable conflict, like they're going to surgery or something. It's common practice... you refuse to agree to something reasonable, thereby costing her more in fees, it's only reasonable that you should pay the fees.
THe only time it's appropriate to object to a continuance when a person is scheduled for surgery is if they conveniently have surgery at the last minute every time you get within a week of a hearing... and just two missed hearings with advanced warning that she has issues that are going to keep her from the hearing are NOT enough to say that she's malingering (faking sick)... which is really what you're complaining about.
Your best bet is to object to the continuance and having them re-set for a hearing in ADVANCE of the current date to avoid your stbx's surgery times. OR to object becasue she knew or should have known of this surgery well before MOnday of a week when trial is scheduled for THursday.
If she's sick, if she needs surgery and has travel issues, you're going to look like a jerk if you dont' bend over backwards to do right by her sickness. And if what you read earlier takes, you'll understand that it might be in your best interests to accept that she is really ill.
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