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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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Old 11-28-2012, 01:54 PM
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Default Chance of delay?

I wish I could say I'm surprised, but I totally saw this coming.

We have a pre-trial conference coming up mid-december. We're supposed to go to trial in Jan. My ex has fired his lawyer (shocking!) and is now going to ask for a delay since he says his lawyer failed to provide him with documentation that we had provided back in July. He's even filed a complaint against his lawyer with LSUC. *sigh*

My question is - what are his chances of getting the delay given the following:

Background:
He accuses me of stealing his portion of the proceeds of the home we sold 2 years before we separated.
Pre-litigation he requested all our bank statements from the time of sale to our separation. They were provided within 30 days of request.

In Jan, he filed with the courts. Before our case conference I supplied him with details of not just where the money went, but how the bills that were paid with that money were accrued (ie: credit card and bank statements showing how we wracked up the debt in the first place). It was 70% complete at that time.

In July, provided his lawyer with completed, detailed information on where the money went. Attended questioning with my ex in attendance and the binder was referenced SEVERAL TIMES (ie: my ex knew of it's existence).

In Oct, ex requested more bank statements. I provided the ones that were new requests and pointed him to the binder for the rest.

Now he's saying disclosure has not been met to his satisfaction and he wants a delay. Not sure what other documentation he wants because he hasn't made a request for anything.

He has been making the same accusation since BEFORE he started this litigation which has already gone almost 12 months yet he has yet to provide one piece of evidence to support his argument (he actually can't since his argument is bogus). On the other hand, I have provided 100's of pages of documentation in support of my defense.

Please, tell me he hasn't a hope in hell of delaying this trial. I'm worried the judge will feel bad for him now that he's self representing again.

Will the fact that he's filed a complaint support his request?

Oh, and FYI - he's the APPLICANT!

Thanks for weighing in!!!
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Old 11-28-2012, 02:07 PM
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Quote:
Originally Posted by CSAngel View Post
I wish I could say I'm surprised, but I totally saw this coming.

We have a pre-trial conference coming up mid-december. We're supposed to go to trial in Jan. My ex has fired his lawyer (shocking!) and is now going to ask for a delay since he says his lawyer failed to provide him with documentation that we had provided back in July. He's even filed a complaint against his lawyer with LSUC. *sigh*
If you are scheduled for the January trial sitting you should have your lawyer press for continuance in the matter. It all depends on how long this has all being going on.

When was the original Application filed? Time the issues have gone unresolved is considered.

How many lawyers is this now? If the other party is on the 3rd lawyer, it is usually "three strikes and you are out".

Your lawyer should be pointing this out to the justice at the Management Conference. Also, start thinking about all the tehncial orders that need to be put in place for trial setup.

Furthermore, a Trial Record should be in place already. A lot of this stuff would have had to be done ages ago. So, the other party doesn't have much to argue.

Furthermore, an argument can be made that no counsel will represent the party as this is there -number of lawyers fired here- attempt at finding a lawyer.

Quote:
Originally Posted by CSAngel View Post
My question is - what are his chances of getting the delay given the following:

Background:

He accuses me of stealing his portion of the proceeds of the home we sold 2 years before we separated.

Pre-litigation he requested all our bank statements from the time of sale to our separation. They were provided within 30 days of request.
He has what he needs and requested. No other requests (Form 20) were made and outstanding then the other party doesn't have a leg to stand on.

Quote:
Originally Posted by CSAngel View Post
In Jan, he filed with the courts. Before our case conference I supplied him with details of not just where the money went, but how the bills that were paid with that money were accrued (ie: credit card and bank statements showing how we wracked up the debt in the first place). It was 70% complete at that time.

In July, provided his lawyer with completed, detailed information on where the money went. Attended questioning with my ex in attendance and the binder was referenced SEVERAL TIMES (ie: my ex knew of it's existence).
Disclosures are done it sounds like. Even pre-trial questioning. Wow. Less ground to stand on for the party in question. Things were moving forward just fine until the lawyer was fired...

Quote:
Originally Posted by CSAngel View Post
In Oct, ex requested more bank statements. I provided the ones that were new requests and pointed him to the binder for the rest.
Compliant to disclosure requests. ++ for you. Don't give the other party any reason to complain that they don't have the proper disclosures. So, why isn't the other party prepared to go to trial.

Quote:
Originally Posted by CSAngel View Post
Now he's saying disclosure has not been met to his satisfaction and he wants a delay. Not sure what other documentation he wants because he hasn't made a request for anything.
Well, there isn't. What is probably there staring him at the face is evidence far beyond the balance of probabilities that he is going to be paying a significant costs award for "bad faith" potentially. That his argument is not very good and there is "no genuine issue for trial".

Talk to your lawyer about a summary judgement in the matter. Sounds like you have more than enough possibly to get it all done on summary judgement on the existing materials.

Quote:
Originally Posted by CSAngel View Post
He has been making the same accusation since BEFORE he started this litigation which has already gone almost 12 months yet he has yet to provide one piece of evidence to support his argument (he actually can't since his argument is bogus). On the other hand, I have provided 100's of pages of documentation in support of my defense.
Sounds like the lawyer was fired because the lawyer was giving "good advice" that the litigant didn't want to hear possibly?

Quote:
Originally Posted by CSAngel View Post
Please, tell me he hasn't a hope in hell of delaying this trial. I'm worried the judge will feel bad for him now that he's self representing again.

Will the fact that he's filed a complaint support his request?

Oh, and FYI - he's the APPLICANT!

Thanks for weighing in!!!
He is self represented by choice. Not because of financial circumstance, lawyer having a health problem, etc... The party is unrepresented because of choice. That is something your lawyer will probably point out at the TMC.

Good Luck!
Tayken
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Old 11-28-2012, 02:16 PM
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Thanks Tayken, that's what I was hoping to hear.

We have repeatedly told my ex and his lawyers that we are an open book and will provide whatever they want - and we have.

This was my ex's third lawyer. Because I know him I know for sure it is a case of exactly what you described - they are telling him what he doesn't want to hear.

I will has my lawyer about a summary judgement. Thank you so much for the advice.
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Old 11-28-2012, 02:41 PM
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Quote:
Originally Posted by CSAngel View Post
Thanks Tayken, that's what I was hoping to hear.

We have repeatedly told my ex and his lawyers that we are an open book and will provide whatever they want - and we have.

This was my ex's third lawyer. Because I know him I know for sure it is a case of exactly what you described - they are telling him what he doesn't want to hear.

I will has my lawyer about a summary judgement. Thank you so much for the advice.
Question:

How do you know about the complaint to the LSUC? You didn't by chance get a copy of the complaint letter sent to you and/or your counsel? Or was it a statement made in passing? Or did you get it via email from the other party?

It would be incredible if you had a copy of the complaint and it was provided to you directly so you can attach it to your TMC. Nothing speaks to a justice about the conflictual path a litigant is taking than a complaint to the LSUC just weeks before a TMC and then asking for an adjournment to trial while they attempt to find yet another solicitor of record.

Talk to your lawyer about it... I could be way off but, it is really well known "truism" of the highly conflicted litigant.
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Old 11-28-2012, 04:40 PM
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Quote:
Originally Posted by Tayken View Post
Question:

How do you know about the complaint to the LSUC? You didn't by chance get a copy of the complaint letter sent to you and/or your counsel? Or was it a statement made in passing? Or did you get it via email from the other party?
He told my lawyer in an email. Unfortunately, I don't know the details.

I suspect he may also have filed a complaint about his second lawyer. Shortly after he fired his second lawyer he sent me a text informing me that my lawyer sucked and that he knew the website where I could launch a complaint. I'm thinking he may have known about the website because he launched a complaint himself.

I wonder if there is a way for me to find out - probably worth a call to the LSUC.
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Old 11-28-2012, 06:26 PM
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When my ex was self-represented for a period, he requested and was granted numerous delays by my lawyer as my lawyer said that if he went in front of the judge he would be granted this. Frustrating, I can empathize with you. Seems to me self-represented people get considerable flexibility.
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Old 11-28-2012, 07:34 PM
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I forgot to add - my ex is claiming he had no idea the trial was scheduled for Jan because his lawyer didn't tell him. Which I guess is possible seeing as we got a date right around the same time he let him go.
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Old 11-29-2012, 01:31 PM
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Quote:
Originally Posted by CSAngel View Post
I forgot to add - my ex is claiming he had no idea the trial was scheduled for Jan because his lawyer didn't tell him. Which I guess is possible seeing as we got a date right around the same time he let him go.
Next the other party will tell the judge that they didn't know the moon wasn't made of spare ribs but, if it was made out of spare ribs that they would eat it.

That ultimately is a dispute between the other party and their counsel. It is really a horrible excuse because the allegation against the solicitor in question is 99% false. No lawyer would put themselves in such a blatant violation of professional conduct as to not advise their clients of an upcoming trial.

Furthermore, the trial isn't scheduled out of thin air. Most trials are scheduled resulting from a Conference and/or Motion. They are ordered to the trial list generally. (Someone correct me if I am wrong please.)

By the FLR both parties are to be present at all Conferences and Motions. So, he was there to hear the information in-person.

No judge in my humble opinion would accept that excuse.

Good Luck!
Tayken
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