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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 02-05-2009, 10:01 AM
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Default When does Notice of Change of Representation take effect?

OK, my common sense is that a Notice of Change in Representation takes effect on the day you are served with it(by fax) or within 5 days of mailing one to you.

I got a fabulous fax last week from my ex, who has finally run out of money for his overpriced bulldog lawyer and is representing himself. The date on the bottom of the Notice is December 2nd 08. I received it last week.

My concern is that I sent requests for disclosure to his lawyer two or more weeks ago as per a judge's order and wonder if my ex will say he didn't get it.

My ex only will allow me to communicate with him via snail mail, no email or fax number is on his Notice so this makes it very difficult. I guess I can personally serve him now that he is his own lawyer but that would contradict the latest order made by a judge in january 08 that
states we can only communicate by email with one another unless it is an emergency regarding our child and then phone is ok.

What do I do? Do I drive all the way to the courthouse and ask, but the clerks there refuse to answer those questions for me as that is "legal advice". I am seeing a lawyer in a week or so for preparation for trial but if I need to send the docs again I need to do it now.
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Old 02-05-2009, 11:48 AM
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The clerks will not answer any of your question, that's for sure. But you can go to the Family Law Clinic at the court house and they will be glad to answer any questions you may have. That's what we did. I really don't know when the change of representation takes effect. Common sense tells me the day he signed the change of representation form... but it could be the day you received the form. I'd go and ask the lawyers at the Family Law Clinic. Good luck!
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Old 02-05-2009, 01:07 PM
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At our FLIC, I went a year and a half ago and they had me fill out an income form. I don't qualify for the FLIC advice. I waited about 2.5 hours to see the lawyer and I think she felt so sorry for me she gave me 10 minutes of advice, but she said it couldn't happen again.

I did some online research and I am leaning towards whenever I am served with it. His lawyer represented him in court twice after the date on the form so I don't think it can be when it is dated.
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Old 02-05-2009, 01:18 PM
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From my experience this time around, it's from date of service. You could not possibly know the future (if only), and since his lawyer still represented him after the date of the form, it makes your serving of documents to the lawyer correct.

The court would still list that lawyer as his representative until he files the proper documentation. Since your dates of service occur prior to his filing his documents, I don't see there being any problem with you going ahead at this point other than the issue involving the serving of more documents.
You may need to ask the judge to alter the order to add an exception to the serving of documents - or they may tell you that you will need a friend/family member/process server to do the serving from here on out.

Best of luck
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Old 02-06-2009, 10:11 AM
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Your ex can argue that he signed the change of representative on such and such date in court and that he thought the onus was on the lawyer to serve it as they were no longer representing him. But that would not get him too far in court. The judge will look at the date of service and then question him on why it so long to serve you with notice. The judge may not do much of anything regarding you filing your documents and serving them to his lawyer instead he will consider the fact that the notice to change was not filed and served in due course. What the judge will mostly likely do is tell him to get the files from his lawyer which are his and so long as he has paid his bill he should be able to collect those documents from his lawyer or ask him to go the the court office and get copies from them of what you have filed.
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