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Old 10-14-2010, 09:07 PM
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Default trial management conference - forced by ex's lawyer

Hi, guys,

trial management conference - forced by ex's lawyer

this summer, after the 2nd settlement conference, ex's lawyer mailed me an offer to settle. Then after 2 weeks, i gave ex's lawyer my offer to settle as an response to their offer to settle.

ex has a lawyer, and I represent myself.

last weekend, ex called me and wanted to settle down directly between ex and me without her lawyer. i was confused by her way of jumping off her lawyer, so i sent an email to her lawyer to clarify whether the lawyer is still ex's representative. Then yesterday, her lawyer email me with following:

[I am going to issue a Conference Notice with Superior Court of Justice for a Trial Managment Conference. I will be available on the following dates: December 17, 20 of 2010 and January 7, 14, 19, 21, 31, February 4, 7, March 2, 4, 7, 9, 11, 16, 18 and 21, 23, 25 of 2011. Please advise the dates you are not available.

I look forward to hearing from you within seven days, failing which I will issue the above said Conference Notice without further notice to you.

Please also be informed that I am pending for my client's instruction as to whether she will present a counter offer. "
]

I feel that i am forced to accept a Trial Management Conference.

Could any one give me an idea how to deal with it. what the legal procedure or rules say. I have checked the family law rule. I can not find out the related. I really need a direction about how to deal with it.

could any one tell me some relevant resources, i can download, print, read and educate myself, before i raise any stupid questions.

Thank you very much

Nick
Oct. 14, 2010
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Old 10-14-2010, 09:29 PM
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I look forward to hearing from you within seven days, failing which I will issue the above said Conference Notice without further notice to you.

Can the lawyer really do that and what do they mean by not notifying you further? I
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Old 10-14-2010, 09:50 PM
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Seven days for official response is reasonable. Non response is an indication that they are available.
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Old 10-14-2010, 09:51 PM
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I interpret that as meaning if you don't notify them of when you are available they will just pick a time that works for them. I could be way off base though.
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Old 10-14-2010, 10:30 PM
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So logical, how does it play in my favor? As a TMC was set but without the presence of the other lawyer. I want to secure this date and want to know how without further delay... or without strategic delay tactics that they are pulling
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Old 10-14-2010, 10:54 PM
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Yeah, confusing but if they appeared without the new representative and no adjournment - seek a date directly from them in writing and give them 7 days to respond. No response, book a date to your convenience and serve them the "notice" TMC brief and updated financials.

The onus is on them to file the change in representation. The previous representative has acknowledged they no longer have an interest other than financial owing. lol, I think you have them on the ropes to Settlement. Stay the course but with more determination than ever before.
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Old 10-14-2010, 11:53 PM
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Old 10-15-2010, 09:58 PM
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Thank you all.

It seems that I should pick a date and tell them. Probably I will do it.

what i think is that i am going to try to reach a deal as much as i can before the TMC date in order to get the mess settled down.

By the way, now i think ex has a strong will to finish this case as earlier as possible. And ex realizes that her lawyer keep the case alive, which is no good to ex at all. Any time the lawyer has chance to go to court, then the lawyer gets money. Is this the way how this industry run?

I appreciate all your response.

thanks

nick
oct 15, 2010
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Old 10-16-2010, 12:21 PM
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Just because there is a date set does not mean that you will need to use that date. The other lawyer is just trying to show you that he is in control.

Try to settle with the ex, and it will make things much more civil.
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Old 10-16-2010, 01:06 PM
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rwm1273,

got your point. I appreciate it.

Nick
Oct 16, 2010
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