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Proof of Change in representation?

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  • Proof of Change in representation?

    I'm posting this for a friend who is self rep. His ex wife maintains that they are self rep but they have never filed a change of representation. Mind you, the court action has been resolved as they settled with an order on consent. My friend suspects that he will receive a communication from the ex wife's lawyer this week on a new matter. Can he ask the lawyer to confirm that he has been retained for this matter before responding? The question is two fold as the ex wife and the lawyer aren't clear on who to communicate to: the ex wife sometimes says she doesn't get the communications that my friend sends to the lawyer that is a direct reply to the lawyers communications and they each play these games which causes additional work for my friend. He is not trying to be difficult but he wants to deal with one or the other on any matter, not be monkey in the middle of them both.


    Sent from my iPhone using Tapatalk

  • #2
    I don't have the answer to your question but my hubby had a similar experience, the lawyer claimed he wasn't on record but continued to communicate and show up in court. And mom just claimed she was unrepresented and denied ever receiving any and all letters to her lawyer. Go figure. I suspect these games cost her (in lawyers bills) but then again, the goal was to piss my husband off, not to settle and/or reduce her costs. Go figure!

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    • #3
      It might be that the lawyer is retained as an adviser, not as a representative.

      If the communication is email, just cc both, if mail or fax, send the things to both indicating at the bottom of the document that it was sent to both. With minimum effort you can cut the game short.

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      • #4
        Why don't you just call the lawyer and get confirmation as well. The lawyer wouldn't misrepresent the situation - nothing to be gained by that.

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        • #5
          I disagree, I can't speak for the OP, but the lawyers we dealt with did misrepresent. He advised many times he was not representing but did indeed rep. I had many posts about this very issue and even the court clerk rolled her eyes and said something to the effect "we see this all the time".

          As for the "gain to be had" - it's a pay cheque/billable hours for the lawyer. That is what is to be gained. I also suspect HC clients often pair up with HC lawyers.

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