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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 04-29-2014, 05:31 AM
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Default Lawyer on record declining service

Hubby went to serve lawyer on record yesterday with motion material. He declined service stating: this is a new matter and I've not been retained for it. Lawyer nor client has completed a change in representation form. This is also not a new matter. Same court file number and a motion to change only.

Hubby went back and served him anyways. Then had a friend serve the ex wife as well. Ex wife said in an email the day before that she had instructed her lawyer to forward all info to her and otherwise "had no legal representation any more".

What am I missing? Lawyer is still on record. He has not removed himself. While we served them both - how do we know who to continue to serve documents (costly and timely to do both). And how do we know if she is self rep'd now? We don't trust this lawyer. Court is in just over a week for the stupid holiday weekends she can't cooperate and follow the SA....
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Old 04-29-2014, 08:11 AM
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Quote:
Originally Posted by Serene View Post
Hubby went to serve lawyer on record yesterday with motion material. He declined service stating: this is a new matter and I've not been retained for it. Lawyer nor client has completed a change in representation form. This is also not a new matter. Same court file number and a motion to change only.

Hubby went back and served him anyways. Then had a friend serve the ex wife as well. Ex wife said in an email the day before that she had instructed her lawyer to forward all info to her and otherwise "had no legal representation any more".

What am I missing? Lawyer is still on record. He has not removed himself. While we served them both - how do we know who to continue to serve documents (costly and timely to do both). And how do we know if she is self rep'd now? We don't trust this lawyer. Court is in just over a week for the stupid holiday weekends she can't cooperate and follow the SA....
Until form 4 served and filed lawyer is on the record...
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Old 04-29-2014, 08:54 AM
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That's what we thought. The lawyer tends to ignore communications - regardless that they are legitimate, require a response and are professional.

We'd like to take him to task and have him communicate in writing his position - on or off file. But how?
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Old 04-29-2014, 08:57 AM
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Why not try a letter to the Law Society
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Old 05-07-2014, 01:30 PM
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I did send letter to law society. They will not advise answer unless I name lawyer. I am trying to do my due diligence and not make a complaint unless warranted against the lawyer. But I cannot seem to find an answer to if this is proper procedure. I'm assuming it is not.

Applicant wrote to said lawyer last week and asked for the lawyer to confirm in writing if he is representing client on this matter or not. Of course, no reply.
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Old 05-07-2014, 01:38 PM
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Quote:
a motion to change
A motion to change is an originating process. The lawyer is correct; this is a new matter.

You will need to have the motion materials personally served on the other party, just like the original application.
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Old 05-07-2014, 01:42 PM
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I stand corrected. We incorrectly used a motion to change form. Court clerk accidently accepted the paperwork and then retracted it being filed/served.

We then served motion paperwork. Again, that was refused by lawyer as well.

So my understanding then is: new issue - he is not the lawyer on record. Same issue, as is with corrected motion material he is indeed the lawyer on record until such time as a change in representation form is served and/or filed.
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Old 05-07-2014, 03:53 PM
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What about faxing him another letter with LSUC cc'ed ?
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Old 05-07-2014, 04:10 PM
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What about faxing him another letter with LSUC cc'ed ?
LSUC is not a lawyer's mother. If someone's behavior annoys you, but working around it does not inconvenience you, move on.

Picking unnecessary fights is indicative of a person's need for therapy, not their rightness.
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Old 05-08-2014, 12:12 PM
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Quote:
Originally Posted by OrleansLawyer View Post
LSUC is not a lawyer's mother. If someone's behavior annoys you, but working around it does not inconvenience you, move on.

Picking unnecessary fights is indicative of a person's need for therapy, not their rightness.
OL understood. But how does OP work around this when the lawyer is on record and the motion material is relevant to the current matter ? How can the lawyer refuse service ?

Last edited by plainNamedDad44; 05-08-2014 at 12:13 PM. Reason: grammar
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