My respondent was served via process server August.
Last I heard from my lawyer was in November. We were waiting on my respondents financials. Still. I checked in with my lawyers legal clerk mid-December. She said we were "waiting on a response" expected early January.
I emailed my lawyer January, telling him my respondent was disposing of property as he had told me he would leave the country. I asked my lawyer can we file for an emergency interim motion or uncontested trial. No response.
The next day, I went to the courthouse to file for an uncontested trial. I literally bumped into my lawyer at the court house, filing my uncontested trial. He asked what I was doing. I told him filing for uncontested. He said yes, I could technically file..... it would be a conflict for him to file as he had been speaking in November to the respondents lawyer. But as he did not go on record, for me to file and to let him know what date the court gave for a hearing.
Instead, the Judge made a ruling in closed chambers.
I made an error in my paperwork filing for the uncontested trial. I quoted my name (applicants), respondents information and both our lawyers information - but neither lawyer actually went on the court record. But on the chambers endorsement, we are both noted as self-represented.
The chamber endorsement is essentially unenforceable as there isn't anyone to literally type it up into an order. There is a conflict either way, as I was told by the law clerk at the family Court office.
The law clerk told me to file another motion asking the judge to remove the lawyers information allowing the court clerks to type the order and reinstating the endorsement. I am scheduled to go to court shortly.
I have not heard from my lawyer at all.
Today, I open the mail. A letter was sent to my old workplace in error. They forwarded it to my home address. The letter is from my lawyer. Apparently, way back in early December, my respondents lawyer asked my lawyer's law clerk for a copy of my initial application. I'm assuming something catastrophic happened to the copy the respondent was served with. The law clerk, according to this letter, possibly agreed verbally but never followed through. Therefore, my respondent's lawyer has been waiting all this time for a copy of the application, a trial held, an order made although erroneous and they are still waiting for the application. I have yet to see any financials. Again, my Respondent was served with the application way back in August.
My main concern is costs! Will I be held financially responsible for my lawyers (legal aid) mistake?
I will need to somehow present this letter and information I learned to the judge at my motion. My motion is without notice as advised by the trial coordinator and court clerks. Any theories for the outcome at my motion?? I'm going to assume a possible interim order now with another later date to be scheduled....
Last I heard from my lawyer was in November. We were waiting on my respondents financials. Still. I checked in with my lawyers legal clerk mid-December. She said we were "waiting on a response" expected early January.
I emailed my lawyer January, telling him my respondent was disposing of property as he had told me he would leave the country. I asked my lawyer can we file for an emergency interim motion or uncontested trial. No response.
The next day, I went to the courthouse to file for an uncontested trial. I literally bumped into my lawyer at the court house, filing my uncontested trial. He asked what I was doing. I told him filing for uncontested. He said yes, I could technically file..... it would be a conflict for him to file as he had been speaking in November to the respondents lawyer. But as he did not go on record, for me to file and to let him know what date the court gave for a hearing.
Instead, the Judge made a ruling in closed chambers.
I made an error in my paperwork filing for the uncontested trial. I quoted my name (applicants), respondents information and both our lawyers information - but neither lawyer actually went on the court record. But on the chambers endorsement, we are both noted as self-represented.
The chamber endorsement is essentially unenforceable as there isn't anyone to literally type it up into an order. There is a conflict either way, as I was told by the law clerk at the family Court office.
The law clerk told me to file another motion asking the judge to remove the lawyers information allowing the court clerks to type the order and reinstating the endorsement. I am scheduled to go to court shortly.
I have not heard from my lawyer at all.
Today, I open the mail. A letter was sent to my old workplace in error. They forwarded it to my home address. The letter is from my lawyer. Apparently, way back in early December, my respondents lawyer asked my lawyer's law clerk for a copy of my initial application. I'm assuming something catastrophic happened to the copy the respondent was served with. The law clerk, according to this letter, possibly agreed verbally but never followed through. Therefore, my respondent's lawyer has been waiting all this time for a copy of the application, a trial held, an order made although erroneous and they are still waiting for the application. I have yet to see any financials. Again, my Respondent was served with the application way back in August.
My main concern is costs! Will I be held financially responsible for my lawyers (legal aid) mistake?
I will need to somehow present this letter and information I learned to the judge at my motion. My motion is without notice as advised by the trial coordinator and court clerks. Any theories for the outcome at my motion?? I'm going to assume a possible interim order now with another later date to be scheduled....
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