You can try to get the lawyer personally liable for costs. It is possible in extreme situations.
The advantage of that approach is that when you inevitably lose, you won't have to pay more costs to the ex's lawyer for losing your case against the lawyer.
You can try to get the lawyer personally liable for costs. It is possible in extreme situations.
The advantage of that approach is that when you inevitably lose, you won't have to pay more costs to the ex's lawyer for losing your case against the lawyer.
The advantage of that approach is that when you inevitably lose, you won't have to pay more costs to the ex's lawyer for losing your case against the lawyer.
Not necessarily true.
Are there grounds to sue STBX's lawyer, say if they are clearly creating conflict where none is needed ?
If they are creating conflict then your ex ought to rein them in; however lawyers are obligated to be courteous and aim to move the process along efficiently.
That being said, people often attribute a failure to give them what they want to discourtesy or nefarious intentions.
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That being said, people often attribute a failure to give them what they want to discourtesy or nefarious intentions.
Thank you for the response OL. I have an order for the sale of the marital home stating that the parties will cooperate on its sale. I was awarded costs for the order. The listing agreement has expired and the home is falling into disrepair, and yet STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.
I could motion on contempt, but I get the feeling that this is what STBX's lawyer wants... she makes more $$$$.
Thank you for the response OL. I have an order for the sale of the marital home stating that the parties will cooperate on its sale. I was awarded costs for the order. The listing agreement has expired and the home is falling into disrepair, and yet STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.
I could motion on contempt, but I get the feeling that this is what STBX's lawyer wants... she makes more $$$$.
What am I to do?
I would bring a 14B motion on notice, explaining the situation and what orders you're seeking. Expect your ex's lawyer to oppose it.
Thank you for the response OL. I have an order for the sale of the marital home stating that the parties will cooperate on its sale. I was awarded costs for the order. The listing agreement has expired and the home is falling into disrepair, and yet STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.
I could motion on contempt, but I get the feeling that this is what STBX's lawyer wants... she makes more $$$$.
What am I to do?
Could it be possible that your ex is instructing the lawyer not to respond?
Originally posted by standing on the sidelinesView Post
Could it be possible that your ex is instructing the lawyer not to respond?
does it matter who's instructing what? they're breaching an order and blocking selling the home, that's why he needs to bring the matter back to the judge.
STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.
Some reasons could be:
- they are not being paid by their client
- their retainer does not extend to dealing with real estate matters
- they are inexperienced with real estate matters and will have nothing of value to add
- their instructions are unreasonable and so they will have nothing of value to add
does it matter who's instructing what? they're breaching an order and blocking selling the home
If the OP is looking to find the lawyer liable, it matters whether they are following instructions or are acting independently. If OP brings a suit against the lawyer, and the lawyer's defence is "this was outside my retainer, I told the real estate agent to talk to my client directly, why do people keep harassing me about this" then OP will end up with a hefty cost award for losing a civil case.
That being said, lawyers are expected to ensure compliance with court orders - they cannot advise or facilitate the breach of orders.
Some reasons could be:
- they are not being paid by their client
- their retainer does not extend to dealing with real estate matters
- they are inexperienced with real estate matters and will have nothing of value to add
- their instructions are unreasonable and so they will have nothing of value to add
If the OP is looking to find the lawyer liable, it matters whether they are following instructions or are acting independently. If OP brings a suit against the lawyer, and the lawyer's defence is "this was outside my retainer, I told the real estate agent to talk to my client directly, why do people keep harassing me about this" then OP will end up with a hefty cost award for losing a civil case.
That being said, lawyers are expected to ensure compliance with court orders - they cannot advise or facilitate the breach of orders.
Going after a lawyer in a law suit...good luck with that. Instead I would fille a complain with Upper law society of Canada, let them investigate.
I think one simple way to look at this is that the opposing counsel works for your ex.... he takes instruction from your ex.
I think your remedy is to take your ex to court for not following court orders. What she decides to do with her lawyer is out-of-your hands.
One of my ex's lawyers was extremely difficult. Ultimately, my ex was held responsible for his inaction/errors in court because lawyer was acting on his behalf. One judge actually told my ex in court that he should dismiss his lawyer.
Can you not get an order for sale for your home wherein you present appraisals and have judge determine selling price range?
I found that while dealing with a difficult ex my best move was always to get in front of a judge (motions, motions, motions). All the other stuff is a waste of time with these people. Judges have an array of things they can penalize someone with who is not adhering to court orders. Also, I found that going to court was less expensive than the dilly-dally stuff with lawyers meeting with other lawyers... you don't have to pay for the judge's time. Your ex is being unreasonable and would likely be looking at costs.
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