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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 03-19-2014, 02:38 PM
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I am still surprised a lawyer would do that---although my experience is limited. The lawyers give me the impression they have to be involved.
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Old 03-19-2014, 02:41 PM
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I heard of this tactic (I have never done it)

staple a $10.00 bill to the letter (you will have to mail the letter).

If you get a response please let us know.
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Old 03-19-2014, 03:34 PM
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Lawyers are also supposed to respond to communications that require a reply. Requiring a reply is subjective tho.

If you ask more than once for a response (to a question that requires one) it is good to state this:

Further to my letters dated xx and yy - I am again seeking your response zzzz. This is my 3rd request for same.

If you continue to ask in writing for this and underline how many times you have requested this information then it will help you when costs are decided. Many lawyers try to intimidate self reps by saying they will pursue costs as you are intentionally or unnecessarily increasing their client's costs by sending unnecessary communications....
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Old 03-19-2014, 03:40 PM
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Quote:
Originally Posted by Serene View Post
Lawyers are also supposed to respond to communications that require a reply. Requiring a reply is subjective tho.

If you ask more than once for a response (to a question that requires one) it is good to state this:

Further to my letters dated xx and yy - I am again seeking your response zzzz. This is my 3rd request for same.

If you continue to ask in writing for this and underline how many times you have requested this information then it will help you when costs are decided. Many lawyers try to intimidate self reps by saying they will pursue costs as you are intentionally or unnecessarily increasing their client's costs by sending unnecessary communications....
I've tried the same with my ex's lawyer - and nada - nothing back ... ever. I went up to 7 requests to both the lawyer and the ex for some items....still no responses. In the past when he has bothered to address some issues he has been extremely rude. I've included the rude emails with my motion documents. I also showed them to legal counsel here at work (labour relations legal) and he strongly suggested I submit a complaint to the Law Society....but also strongly recommended that I wait until my ordeal is over. If he's hard to deal with now...he'll be impossible after a complaint is made.
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Old 03-19-2014, 03:44 PM
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It would be hard for the lawyer to pursue costs if your requests were legitimate and he/they did not respond to them and you had to ask more than once.
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Old 03-19-2014, 03:57 PM
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I agree. It doesn't stop them for asking for it though.


The existing agreement says alternative dispute methods must be utilized prior to returning to court - leaving me with no choice but to attempt to contact them.

I need "permission" for S7 expenses. Doesn't respond to those, so they say they weren't "approved" and therefore they don't have to pay. I went with the "no response" means "no objection".

I've just kept copies of all attempts at communication with them and included them in my brief. You can't reach an agreement if someone isn't willing to come to the table.
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Old 03-19-2014, 04:11 PM
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Quote:
Originally Posted by MS Mom View Post
I agree. It doesn't stop them for asking for it though.


The existing agreement says alternative dispute methods must be utilized prior to returning to court - leaving me with no choice but to attempt to contact them.

I need "permission" for S7 expenses. Doesn't respond to those, so they say they weren't "approved" and therefore they don't have to pay. I went with the "no response" means "no objection".

I've just kept copies of all attempts at communication with them and included them in my brief. You can't reach an agreement if someone isn't willing to come to the table.
Writing on all communication asking for Sec 7 the following would probably help. "If I do not hear back from you I will consider you have no objections to the expense" But then they will claim they never got it.
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Old 03-19-2014, 04:18 PM
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Writing on all communication asking for Sec 7 the following would probably help. "If I do not hear back from you I will consider you have no objections to the expense" But then they will claim they never got it.
Thanks....that didn't occur to me, but now that you've stated it, it makes perfect sense.
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Old 03-19-2014, 04:23 PM
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Also what is the dispute process that you have agreed to.

One letter to his lawyer is all that's needed. If it gets you no where you go to the next step.

Also dispute resolution processes I believe are not enforceable and you can take it to court anytime you want I believe. Others might be able to confirm that.
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Old 03-19-2014, 04:27 PM
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Quote:
Originally Posted by FB_ View Post
Also what is the dispute process that you have agreed to.

One letter to his lawyer is all that's needed. If it gets you no where you go to the next step.

Also dispute resolution processes I believe are not enforceable and you can take it to court anytime you want I believe. Others might be able to confirm that.
Oh, I did end up making a motion. Alternative dispute measures (mediation/arbitration) would not have been practical in our situation, I think it's one of those silly standard things in an agreement. But, I tried to do it "the right way".
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