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Old 07-11-2017, 06:54 PM
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Default Lawyer's underhand tactics

Dear All,
I am faced with a problem. At the case conference, the opposing party's lawyer took my "orders sought" document, made handwritten changes to it and then submitted it to the registrar as consented order.
However, this changed document was never shown to me by the opposing lawyer or discussed the changes.
Registrar issued the endorsement - long story short, I brought this to the attention of the head clerk at the court and then escalated it via the trial co-ordinator and asked an audience with the concerned judge.
I would like to know what kind of remedies I can seek in this situation and if anybody else had similar experiences where the opposing lawyer/party is using "slight of hand" tricks to subvert your position.

Thanks
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Old 07-13-2017, 03:11 PM
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Quote:
Originally Posted by ottdiv View Post
Dear All,
I am faced with a problem. At the case conference, the opposing party's lawyer took my "orders sought" document, made handwritten changes to it and then submitted it to the registrar as consented order.
However, this changed document was never shown to me by the opposing lawyer or discussed the changes.
Registrar issued the endorsement - long story short, I brought this to the attention of the head clerk at the court and then escalated it via the trial co-ordinator and asked an audience with the concerned judge.
I would like to know what kind of remedies I can seek in this situation and if anybody else had similar experiences where the opposing lawyer/party is using "slight of hand" tricks to subvert your position.

Thanks
I've seen this before, what I suggest is to bring a motion to set aside that order on the basis that you didn't consent to it. The other party has to prove that the actual order was made on consent (with your signature on it), which was not, plain and simple.
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Old 07-15-2017, 03:09 PM
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Thank you - yes, I have initiated a motion and also filed form 25E disputing the order.
I was wondering what kind of penalties can be imposed on the lawyer who did this and what kind of costs and other punitive actions that I can initiate against the lawyer who did this.
Any ideas appreciated.

thanks
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Old 07-15-2017, 03:17 PM
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What sort of out-of-pocket damages have you incurred? Lawyer might simply argue that you agreed to the changes. Do you have a court date set?
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Old 07-15-2017, 03:33 PM
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That part I don't know, you need to consult a lawyer.

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Old 07-15-2017, 03:39 PM
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Thanks for your reply, arabian.
I have not agreed to the changes, because my signature or initials are not on the document and anywhere else on the endorsement.
I have now incurred expenses in consulting a lawyer and filled out form 25E, communication and running around the court house to find out the procedures, filing the document, affidavits, attachments, aggravation, emotional distress etc.,
I have also had to notify the other lawyer by fax, email, notify the head clerk at the court, the trial co-ordinator etc.,
Isn't there a law/rule/regulation that prevents this kind of abuse by lawyers and what kind of legal action can I initiate against this offending/abusing lawyer ? Aren't lawyers not supposed to behave in this manner ?

Thanks
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Old 07-15-2017, 04:24 PM
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Thanks for your reply, paco - I did ask a lawyer about this and did not get any meaningful reply. It is fairly obvious that the legal community wants to protect "one of their own". I don't think even a judge will agree to reprimanding or holding the abusive lawyer culpable, unless I provide lots of legal and other binding reasons.

Cheers
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Old 07-15-2017, 07:10 PM
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How did the opposing counsel obtain your "orders sought"? Presumably these were your own personal notes or is this something you gave to the other side at the CC?

The activities you describe are typical of what one has to do when not represented by counsel. If you had a lawyer representing you his law firm staff would be doing all that running around. So you saved considerable money by doing it yourself.

Judges are lawyers. Judge's job is to interpret the law with regards to your situation.

When did you discover the consent order had been made without your consent? How did you discover this? Did you contact the opposing counsel right away to point out his error? Please provide more details.

You refer to an "endorsement" - was that a judge's endorsement?
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Old 07-15-2017, 09:09 PM
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The opposing counsel was served with a copy of my case conference brief and that's how he got a copy of my "orders sought".
I did not "save" money - I spent money because of the slight of hand deceit by the opposing party. My time as an SRL is valuable too.
I discovered the handwritten changes when I reviewed the endorsement the next day and sent an email/fax to the other party on next working day. I also apprised the head clerk at the court in the subsequent days when I did not get a reply from the other party.

The question for which I am trying to get answers are - what are the laws/regulations/procedures that the other party transgressed ? How do I hold the other party accountable for that infringement/breach of law/rule/procedure etc., I know for a fact that this is being done to suppress disclosure of crucial documents to help the other party's case. Except that I caught the other party red-handed.

Thx
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Old 07-15-2017, 11:20 PM
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Quote:
Originally Posted by ottdiv View Post
The opposing counsel was served with a copy of my case conference brief and that's how he got a copy of my "orders sought".
I did not "save" money - I spent money because of the slight of hand deceit by the opposing party. My time as an SRL is valuable too.
I discovered the handwritten changes when I reviewed the endorsement the next day and sent an email/fax to the other party on next working day. I also apprised the head clerk at the court in the subsequent days when I did not get a reply from the other party.

The question for which I am trying to get answers are - what are the laws/regulations/procedures that the other party transgressed ? How do I hold the other party accountable for that infringement/breach of law/rule/procedure etc., I know for a fact that this is being done to suppress disclosure of crucial documents to help the other party's case. Except that I caught the other party red-handed.

Thx
If you believe that you have irrevocable proof of unprofessional/unethical conduct then you would probably file a complaint with the law society. Unfortunately, remedies aren't very steep and typically are merely a slap on the wrist by way of lawyer having to do remedial reading. You could check this out with the law society governing lawyers in your province.

If you served notice forthwith to the opposing counsel, who did nothing to remedy the situation, then hopefully judge will change the Order.

This is a pretty reckless thing for a lawyer (officer of the court) to do.
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