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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 05-08-2014, 12:17 PM
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Plainname: the LSUC will investigate complaints on lawyers. However, my issue was in establishing if we have a legitimate complaint with this lawyer.

Orleanslawyer was a bit harsh in his comment back but is essentially saying the same thing as my original question relates to: do we have a legitimate complaint to bring to the LSUC?
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Old 05-08-2014, 12:23 PM
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Well, I have a lot of respect for OL, but if the lawyer on record is not accepting service with no good reason what else are you supposed to do besides report him/her ? How does one work around this. I am all for not picking fights.
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Old 05-08-2014, 12:25 PM
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Ah, reread posts, serve both. Right. Yes.
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Old 05-08-2014, 12:26 PM
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I too have enormous respect for orleanslawyer.

But I'm still stumped. We don't want to put this lawyer through a complaint process unnecessarily. We are trying to do our due diligence. But this lawyer isn't even answering our written communication to confirm he is representing this client for this matter and is still the lawyer on record (which he is as he has not removed himself by way or motion and client hasn't removed with change or rep form).
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Old 05-08-2014, 12:27 PM
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We are serving both. It costs time and money to do so. AND he is still on file/record at court. We have never been served nor is there on file a change of rep form...
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Old 05-08-2014, 12:28 PM
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I think you should serve the other party by way of process server just to cover your bases.
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Old 05-08-2014, 12:29 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 with much respect, serving both IS an inconvenience to Serene. No ?
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Old 05-08-2014, 12:41 PM
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Arabian - serving by way of process server does not overcome any of our issues.

We can and have served him.
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Old 05-08-2014, 12:44 PM
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Quote:
the lawyer is on record
If they are on record, and it is a regular motion, regular service is appropriate. You can send it to the lawyer by fax, courier or regular mail. Or to the other party.

Quote:
How can the lawyer refuse service ?
They can't, any more than you can refuse a police ticket.

Quote:
this lawyer isn't even answering our written communication to confirm he is representing this client for this matter and is still the lawyer on record (which he is as he has not removed himself by way or motion and client hasn't removed with change or rep form).
Your question is answered. If you wish to serve him, continue to do so.

As a matter of courtesy, I would serve the party (again, mail or dropped off) if that does not inconvenience you. But as for getting your documents in, send it to the lawyer and include a letter saying, "you are on record, if you want us to stop serving you please serve us with your client's notice of change in representation".

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OL with much respect, serving both IS an inconvenience to Serene. No ?
Serving both is safe and, in this case, protects OP against any claim they are trying to sneak one by.

However, if lawyer is on record, serve them and file (remembering, if motion to change it is a new matter and thus no one is on record). Or serve the party (courier, fax, mail, personally, etc) with regular motion material, or personally (motion to change), and they can hire/pass it on to their lawyer at their convenience.

You are falling into a trap warned against by many posters:
Don't (blindly) listen to your ex's lawyer.

If you follow the rules, service has been effected, regardless of the lawyer's claim to the contrary.

If the ex is self repped, and the lawyer either is too lazy or bumbling to get off record, serve the ex because that is the courteous thing to do.

Above all: don't panic, and remember your towel.
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Old 05-08-2014, 01:13 PM
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Quote:
Originally Posted by OrleansLawyer View Post
If they are on record, and it is a regular motion, regular service is appropriate. You can send it to the lawyer by fax, courier or regular mail. Or to the other party.


They can't, any more than you can refuse a police ticket.


Your question is answered. If you wish to serve him, continue to do so.

As a matter of courtesy, I would serve the party (again, mail or dropped off) if that does not inconvenience you. But as for getting your documents in, send it to the lawyer and include a letter saying, "you are on record, if you want us to stop serving you please serve us with your client's notice of change in representation".


Serving both is safe and, in this case, protects OP against any claim they are trying to sneak one by.

However, if lawyer is on record, serve them and file (remembering, if motion to change it is a new matter and thus no one is on record). Or serve the party (courier, fax, mail, personally, etc) with regular motion material, or personally (motion to change), and they can hire/pass it on to their lawyer at their convenience.

You are falling into a trap warned against by many posters:
Don't (blindly) listen to your ex's lawyer.

If you follow the rules, service has been effected, regardless of the lawyer's claim to the contrary.

If the ex is self repped, and the lawyer either is too lazy or bumbling to get off record, serve the ex because that is the courteous thing to do.

Above all: don't panic, and remember your towel.

Yes... the towel is particularly important.
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