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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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  #1 (permalink)  
Old 10-26-2017, 03:15 PM
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Default Opposing lawyer keeps delaying - what to do?

My dear friends,

I have a motion in play (i'm the moving party) that will be heard by submissions only. There is a timeline for these submissions.

STBX lawyer had asked for one extension. I provided it. Now she is asking for another, because of a car accident she was in.

While I am very sorry that STBX lawyer was in a car accident, she is clearly stalling and the matter is headed to trial.

This lawyer (with respect to the good ones) is a complete clown.

Do I provide another extension ? I feel that I shouldn't. In which case she would motion for it via 14B, and potentially ding me with costs.

The motion pertains to imputing her income, (and I think they know I have them by the tail).

What do I do ?

Ask always, thank you.

PND
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Old 10-26-2017, 03:42 PM
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Originally Posted by plainNamedDad44 View Post
... Now she is asking for another, because of a car accident she was in.
You can tell the lawyer:

1. To send a representative in their place if they cannot attend.
2. To rent a car or to have their insurance company provide one.

I can't tell you how many times a lawyer has pulled this stunt... Especially with self-reps. No one ever challenges them if the accident actually happened.

Honestly, lots of people get in car accidents (fender benders and other more serious) and show up to work.
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Old 10-26-2017, 05:00 PM
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Quote:
Originally Posted by Tayken View Post
You can tell the lawyer:

1. To send a representative in their place if they cannot attend.
2. To rent a car or to have their insurance company provide one.

I can't tell you how many times a lawyer has pulled this stunt... Especially with self-reps. No one ever challenges them if the accident actually happened.

Honestly, lots of people get in car accidents (fender benders and other more serious) and show up to work.

Thank you Tayken... Its even more ridiculous that that. the motion is by *submissions* only. no court appearances. And it apparently happened on the (extended) deadline for her submission (responding affidavit).

I call BS. I am inclined to not provided a second extension.

Last edited by plainNamedDad44; 10-26-2017 at 05:09 PM.
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Old 10-26-2017, 05:14 PM
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Originally Posted by Tayken View Post
I can't tell you how many times a lawyer has pulled this stunt... Especially with self-reps. No one ever challenges them if the accident actually happened.
So they take self reps as a gullible bunch then ? Pathetic.
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Old 10-26-2017, 05:43 PM
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thing is she will just show up to court and say she was in a car accident. The court is sort of like her work, and treat her like respect. It's the same as you telling your work you got into a car accident and can't go to work. They won't question you or ask for proof. As an officer of the court, they will assume she is telling the truth.

Yes, she is likely full of shit, like most lawyers are.

Is the delay going to effect you ? How would you get in front of a judge and say they are just stalling without looking like a goof? What if the accident really did happen ?

The real question however is, is the extension going to delay the trial ?
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Old 10-26-2017, 06:01 PM
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Quote:
Originally Posted by trinton View Post
thing is she will just show up to court and say she was in a car accident. The court is sort of like her work, and treat her like respect. It's the same as you telling your work you got into a car accident and can't go to work. They won't question you or ask for proof. As an officer of the court, they will assume she is telling the truth.

Yes, she is likely full of shit, like most lawyers are.

Is the delay going to effect you ? How would you get in front of a judge and say they are just stalling without looking like a goof? What if the accident really did happen ?

The real question however is, is the extension going to delay the trial ?

Thank you Triton. The motion is being heard *BY WRITTEN SUBMISSIONS ONLY*. So its not a matter of not being able to show up to work. Its a matter of serving upon me what should have been served (and filed) a week ago.

I have told her that I do *NOT* consent, but would reconsider upon a credible explanation as to why a car accident prevents her from serving me her responding affidavit on time.
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Old 10-26-2017, 06:10 PM
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Originally Posted by plainNamedDad44 View Post
Thank you Triton. The motion is being heard *BY WRITTEN SUBMISSIONS ONLY*. So its not a matter of not being able to show up to work. Its a matter of serving upon me what should have been served (and filed) a week ago.

I have told her that I do *NOT* consent, but would reconsider upon a credible explanation as to why a car accident prevents her from serving me her responding affidavit on time.
Well if she can email you, then she can probably serve you, or hire someone to serve you, if it's just the matter of serving.
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Old 10-27-2017, 10:32 AM
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Well if she can email you, then she can probably serve you, or hire someone to serve you, if it's just the matter of serving.
Exactly... Lots of options where the lawyer's personal issues don't have to impact everyone.
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Old 10-27-2017, 01:40 PM
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Quote:
Now she is asking for another, because of a car accident she was in.
How serious of a car accident are we talking about? Were there injuries, or did this waste 3-4 hours to get run through the station and have the car towed to a shop?

If serious injury, a judge is likely to grant an extension. If it wasted a morning, then why were the documents not sent the following day?

Would a 24 hour extension impact anyone? If no, grant it (I assume the documents were served the next day).

If they were in a fender bender but have neglected to complete their documents a week later, that is a separate issue. Your case may be resolved faster if you grant them a short peremptory extension rather than bicker over an extension or not; but the lawyer is skating on thin ice. The calculation you need to consider is whether a judge will think, "this lawyer is a ditz and the opposing side is a jerk" - because that makes YOU look bad but not your EX for having a ditz for a lawyer.

Quote:
You can tell the lawyer:

1. To send a representative in their place if they cannot attend.
Depending on the nature of the appearance and complexity of the case that may not be possible.

Quote:
she will just show up to court and say she was in a car accident. The court is sort of like her work, and treat her like respect. It's the same as you telling your work you got into a car accident and can't go to work. They won't question you or ask for proof. As an officer of the court, they will assume she is telling the truth.
Probably (with respect to being able to meet and commission the affidavit).

Quote:
Yes, she is likely full of shit, like most lawyers are.
https://en.wikipedia.org/wiki/Splitting_(psychology)

Quote:
Is the delay going to effect you ? How would you get in front of a judge and say they are just stalling without looking like a goof? What if the accident really did happen ?

The real question however is, is the extension going to delay the trial ?
Prudent questions to consider.
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Old 10-30-2017, 11:24 AM
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STBX lawyer has refused to provide details that would rationalize a second extension.

Despite that I have consented to an extension until this Wed, indicating there will be NO FURTHER extensions. Enough is enough.

Thanks all.

PND
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