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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 10-19-2009, 10:48 PM
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Default Lawyer out of town? What to do?

In my first response to my wife's lawyer, before I got a lawyer from legal aid for my self, I proposed shared custody 4 days with wife and 3 days with me.

Now my lawyer sent a letter to her lawyer stating that she represents me and that will soon send a settlement proposal. Well she wrote the proposal and e-mailed it to me and I don't like it. She put that I should get full custody etc.

I edited the proposal with requesting 50/50 shared parenting and few other changes and emailed it back to my lawyer last night. (She emailed it to me for review on Saturday, day before)

Today, the 19th, I called my lawyer but they said my lawyer will probably be away until next week. They said they will talk to the secretary......

But I am afraid that my lawyer might have sent her original proposal to my wife's lawyer, who by the way is seeing her in 2 days.

How can I find out if my lawyer sent anything and if yes, I need to know which one was sent. The original or the one I edited.

Should I call my wife's lawyer? Can my lawyer's secretary look into it? If my lawyer did not send anything, can her secretary do it?

If my lawyer sent the original proposal which I strongly disagree with and which would cause many problems, can I tell my wife's lawyer to ignore it?

BTW I hope my lawyer didn't send anything because didn't get approval from me.

In the e-mail my lawyer sent me on Saturday she wrote: Please review the proposal and advise whether same is appropriate for sending to (other lawyer)
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Old 10-20-2009, 08:21 AM
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I'm pretty sure you have to sign anything before your lawyer sends it.
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Old 10-20-2009, 08:46 AM
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Just wait until your lawyer gets back. If you didn't authorize her to send it, she wouldn't have. It sounds to me like she asked you to read it over to make sure its what you want before sending it. Stands to reason she wouldn't have done that and then not waited for your response to send it.

One thing I've noticed with the use of lawyers. The process takes time. In the beginning I would get upset at how lackadaisical everyone else seemed to be about what is obviously a very important issue to me. But thats the benefit of a lawyer too. The emotion is removed when a lawyer is creating your documents.
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