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  • Lawyer communication

    Hello everyone- I must say this forum is wonderful resource!

    Is there a standard of conduct a Lawyer must uphold with communication? I see info on lsuc website, but it seems specific on lawyer to lawyer issues.
    I am self-represented Applicant trying to communicate with the Respondent's Lawyer, were they have sent me emails before, however I recently sent email correspondence to them asking for a prompt reply -to which there has been none.
    What is the best approach to ensure the lawyer will respond to/acknowledge my communications? Is this lawyer bound by some code I can ask that they uphold?

    Thanks for your time

  • #2
    You can ask for a prompt reply, but depending on the question, they don't have to.

    A lawyer is obligated to act in a respectful manner. Acting in a respectful manner does not obligate them to reply to various emails or requests. Some clients instruct their lawyers not to reply to emails/letters from the other side without prior consultation. They may suggest to their client no response is warranted, or the client may suggest so.

    Just because you send an email, doesn't mean the lawyer will respond. If it is important to the lawyer, or could have an adverse effect to their client (ie. a reasonable request for an adjournment), they will respond.

    Comment


    • #3
      Thank you for the insight!
      I have a file from a previous SCJ matter where I had representation, and it seemed as though both Lawyers were responding to a range of matters- it was the continual "I acknowledge receiving the email/fax" dialogue that had me thinking there was a greater bar being upheld!
      Thank you,

      Comment


      • #4
        I was self repped also and my ex was not. I found unfortunately they would respond to me whenever they felt like it. I was always very promt in responding, usually within a few hours or the next day depending on the issue. I became frustrated and the next time they needed something for me, I did not respond asap...I was also on vacation as well but I did have the capabilities to repond but chose not to. Five days later, his lawyer e mailed me again, in what I felt like, was threatening tone. He advised that if I did not sign the settlement agreement and get it back to him as soon as possible, his client was likely to reconsider what he was offering.

        You could follow up but I doubt it would do much good. It seems like timely responses when a self rep is up against a lawyer is often one sided. From my perspective atleast.

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        • #5
          thanks takeontheworld-
          It's helpful to know others have been in a similar place 'n time, & found their way through it!

          Comment


          • #6
            My ex has a lawyer that doesn't get back to my lawyer-----so, depending on the lawyer, there is no respect even amongst lawyers. 3 emails by my lawyer (that I pay for) to introduce himself--and the lawyer didn't response or get her secretary to respond. This was just the beginning---as my lawyer says--it is as though no one is reading emails on the other side.

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            • #7
              My ex's lawyer frequently didn't respond to things we had sent. I later found out that my ex was trying to save money and had instructed her lawyer not to bill her. Which meant she didn't action anything other than forwarding the document to my ex.

              Comment


              • #8
                Originally posted by self-rep-leftie View Post
                Thank you for the insight!
                I have a file from a previous SCJ matter where I had representation, and it seemed as though both Lawyers were responding to a range of matters- it was the continual "I acknowledge receiving the email/fax" dialogue that had me thinking there was a greater bar being upheld!
                Thank you,
                No they were simply racking up the chargeable fees. LOL

                Comment


                • #9
                  i am a little (or maybe a lot ) confused FB
                  The lawyer did not charge your ex for forwarding emails? I say hi to my law clerk/lawyer and I am charged a fortune. I don't think any of the lawyers I met would agree to that. I guess your wife is lucky she managed that.

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                  • #10
                    Originally posted by mememe View Post
                    i am a little (or maybe a lot ) confused FB
                    The lawyer did not charge your ex for forwarding emails? I say hi to my law clerk/lawyer and I am charged a fortune. I don't think any of the lawyers I met would agree to that. I guess your wife is lucky she managed that.
                    I'm sure the lawyer charged her for receiving the letter. But wouldn't be charging her any "action' on the letter.

                    Comment


                    • #11
                      I am still surprised a lawyer would do that---although my experience is limited. The lawyers give me the impression they have to be involved.

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                      • #12
                        I heard of this tactic (I have never done it)

                        staple a $10.00 bill to the letter (you will have to mail the letter).

                        If you get a response please let us know.

                        Comment


                        • #13
                          Lawyers are also supposed to respond to communications that require a reply. Requiring a reply is subjective tho.

                          If you ask more than once for a response (to a question that requires one) it is good to state this:

                          Further to my letters dated xx and yy - I am again seeking your response zzzz. This is my 3rd request for same.

                          If you continue to ask in writing for this and underline how many times you have requested this information then it will help you when costs are decided. Many lawyers try to intimidate self reps by saying they will pursue costs as you are intentionally or unnecessarily increasing their client's costs by sending unnecessary communications....

                          Comment


                          • #14
                            Originally posted by Serene View Post
                            Lawyers are also supposed to respond to communications that require a reply. Requiring a reply is subjective tho.

                            If you ask more than once for a response (to a question that requires one) it is good to state this:

                            Further to my letters dated xx and yy - I am again seeking your response zzzz. This is my 3rd request for same.

                            If you continue to ask in writing for this and underline how many times you have requested this information then it will help you when costs are decided. Many lawyers try to intimidate self reps by saying they will pursue costs as you are intentionally or unnecessarily increasing their client's costs by sending unnecessary communications....
                            I've tried the same with my ex's lawyer - and nada - nothing back ... ever. I went up to 7 requests to both the lawyer and the ex for some items....still no responses. In the past when he has bothered to address some issues he has been extremely rude. I've included the rude emails with my motion documents. I also showed them to legal counsel here at work (labour relations legal) and he strongly suggested I submit a complaint to the Law Society....but also strongly recommended that I wait until my ordeal is over. If he's hard to deal with now...he'll be impossible after a complaint is made.

                            Comment


                            • #15
                              It would be hard for the lawyer to pursue costs if your requests were legitimate and he/they did not respond to them and you had to ask more than once.

                              Comment

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