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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 06-12-2017, 09:23 PM
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Originally Posted by standing on the sidelines View Post
Could it be possible that your ex is instructing the lawyer not to respond?
does it matter who's instructing what? they're breaching an order and blocking selling the home, that's why he needs to bring the matter back to the judge.
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  #12 (permalink)  
Old 06-13-2017, 08:22 AM
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STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.
Some reasons could be:
- they are not being paid by their client
- their retainer does not extend to dealing with real estate matters
- they are inexperienced with real estate matters and will have nothing of value to add
- their instructions are unreasonable and so they will have nothing of value to add

Quote:
does it matter who's instructing what? they're breaching an order and blocking selling the home
If the OP is looking to find the lawyer liable, it matters whether they are following instructions or are acting independently. If OP brings a suit against the lawyer, and the lawyer's defence is "this was outside my retainer, I told the real estate agent to talk to my client directly, why do people keep harassing me about this" then OP will end up with a hefty cost award for losing a civil case.

That being said, lawyers are expected to ensure compliance with court orders - they cannot advise or facilitate the breach of orders.
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Old 06-13-2017, 12:01 PM
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Quote:
Originally Posted by OrleansLawyer View Post
Some reasons could be:
- they are not being paid by their client
- their retainer does not extend to dealing with real estate matters
- they are inexperienced with real estate matters and will have nothing of value to add
- their instructions are unreasonable and so they will have nothing of value to add



If the OP is looking to find the lawyer liable, it matters whether they are following instructions or are acting independently. If OP brings a suit against the lawyer, and the lawyer's defence is "this was outside my retainer, I told the real estate agent to talk to my client directly, why do people keep harassing me about this" then OP will end up with a hefty cost award for losing a civil case.

That being said, lawyers are expected to ensure compliance with court orders - they cannot advise or facilitate the breach of orders.
Going after a lawyer in a law suit...good luck with that. Instead I would fille a complain with Upper law society of Canada, let them investigate.

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Old 06-13-2017, 10:22 PM
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I think one simple way to look at this is that the opposing counsel works for your ex.... he takes instruction from your ex.

I think your remedy is to take your ex to court for not following court orders. What she decides to do with her lawyer is out-of-your hands.

One of my ex's lawyers was extremely difficult. Ultimately, my ex was held responsible for his inaction/errors in court because lawyer was acting on his behalf. One judge actually told my ex in court that he should dismiss his lawyer.

Can you not get an order for sale for your home wherein you present appraisals and have judge determine selling price range?

I found that while dealing with a difficult ex my best move was always to get in front of a judge (motions, motions, motions). All the other stuff is a waste of time with these people. Judges have an array of things they can penalize someone with who is not adhering to court orders. Also, I found that going to court was less expensive than the dilly-dally stuff with lawyers meeting with other lawyers... you don't have to pay for the judge's time. Your ex is being unreasonable and would likely be looking at costs.
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Old 06-14-2017, 12:21 AM
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Tell the lawyer to be reasonable and comply or you will seek costs against her personally : http://www.ottawadivorce.com/forum/f...0-000-a-21122/

Don't actually do it. But keep asking to setup the call as recommended by real state agent and document the lawyer's ignorance and incompetence.
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Old 06-14-2017, 09:44 AM
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Originally Posted by arabian View Post
....

I found that while dealing with a difficult ex my best move was always to get in front of a judge (motions, motions, motions). All the other stuff is a waste of time with these people. Judges have an array of things they can penalize someone with who is not adhering to court orders. Also, I found that going to court was less expensive than the dilly-dally stuff with lawyers meeting with other lawyers... you don't have to pay for the judge's time. Your ex is being unreasonable and would likely be looking at costs.
EXACTLY my experience. Thank you for reaffirming Arabian. Just unfortunate. It must be costing STBX a fortune.
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Old 06-14-2017, 09:46 AM
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So after threatening another LSUC complaint, a civil suit and a motion on contempt, things are moving. Ridiculous.
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  #18 (permalink)  
Old 06-14-2017, 10:06 AM
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Default Avenue to suing a lawyer exits within the FLR's !!

Hi Community,

I just read one of Triton's posts, and found FLR 24 (9).

This seems to be a sufficient framework to sue a lawyer. No ?
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Old 06-15-2017, 03:49 PM
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Originally Posted by plainNamedDad44 View Post
Hi Community,

I just read one of Triton's posts, and found FLR 24 (9).

This seems to be a sufficient framework to sue a lawyer. No ?
It is not a sufficient framework to sue (tort) a lawyer. It is a sufficient framework when asking the courts to assess costs to consider 24.(9) of the FLR.

The lawsuit is the family law matter. This is a Rule in consideration to COSTS to that action.

Quote:
(9) If a party’s lawyer or agent has run up costs without reasonable cause or has wasted costs, the court may, on motion or on its own initiative, after giving the lawyer or agent an opportunity to be heard,
(a) order that the lawyer or agent shall not charge the client fees or disbursements for work specified in the order, and order the lawyer or agent to repay money that the client has already paid toward costs;

(b) order the lawyer or agent to repay the client any costs that the client has been ordered to pay another party;

(c) order the lawyer or agent personally to pay the costs of any party; and

(d) order that a copy of an order under this subrule be given to the client. O. Reg. 114/99, r. 24 (9).
So you must first find success in your existing matter. Then identify the costs issues in your costs submissions and why the lawyer (or agent) should have to pay costs. It is no easy task to do. (See OrleansLawyer's points above.)

You need to resolve your family law matter. Don't engage in additional torts that will only be used against you in your family law matter.

Good Luck!
Tayken
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  #20 (permalink)  
Old 06-15-2017, 04:53 PM
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Quote:
Originally Posted by Tayken View Post
It is not a sufficient framework to sue (tort) a lawyer. It is a sufficient framework when asking the courts to assess costs to consider 24.(9) of the FLR.

The lawsuit is the family law matter. This is a Rule in consideration to COSTS to that action.



So you must first find success in your existing matter. Then identify the costs issues in your costs submissions and why the lawyer (or agent) should have to pay costs. It is no easy task to do. (See OrleansLawyer's points above.)

You need to resolve your family law matter. Don't engage in additional torts that will only be used against you in your family law matter.

Good Luck!
Tayken
Thank you Tayken.
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