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  • Opposing lawyer keeps delaying - what to do?

    My dear friends,

    I have a motion in play (i'm the moving party) that will be heard by submissions only. There is a timeline for these submissions.

    STBX lawyer had asked for one extension. I provided it. Now she is asking for another, because of a car accident she was in.

    While I am very sorry that STBX lawyer was in a car accident, she is clearly stalling and the matter is headed to trial.

    This lawyer (with respect to the good ones) is a complete clown.

    Do I provide another extension ? I feel that I shouldn't. In which case she would motion for it via 14B, and potentially ding me with costs.

    The motion pertains to imputing her income, (and I think they know I have them by the tail).

    What do I do ?

    Ask always, thank you.

    PND

  • #2
    Originally posted by plainNamedDad44 View Post
    ... Now she is asking for another, because of a car accident she was in.
    You can tell the lawyer:

    1. To send a representative in their place if they cannot attend.
    2. To rent a car or to have their insurance company provide one.

    I can't tell you how many times a lawyer has pulled this stunt... Especially with self-reps. No one ever challenges them if the accident actually happened.

    Honestly, lots of people get in car accidents (fender benders and other more serious) and show up to work.

    Comment


    • #3
      Originally posted by Tayken View Post
      You can tell the lawyer:

      1. To send a representative in their place if they cannot attend.
      2. To rent a car or to have their insurance company provide one.

      I can't tell you how many times a lawyer has pulled this stunt... Especially with self-reps. No one ever challenges them if the accident actually happened.

      Honestly, lots of people get in car accidents (fender benders and other more serious) and show up to work.

      Thank you Tayken... Its even more ridiculous that that. the motion is by *submissions* only. no court appearances. And it apparently happened on the (extended) deadline for her submission (responding affidavit).

      I call BS. I am inclined to not provided a second extension.
      Last edited by plainNamedDad44; 10-26-2017, 04:09 PM.

      Comment


      • #4
        Originally posted by Tayken View Post
        I can't tell you how many times a lawyer has pulled this stunt... Especially with self-reps. No one ever challenges them if the accident actually happened.
        So they take self reps as a gullible bunch then ? Pathetic.

        Comment


        • #5
          thing is she will just show up to court and say she was in a car accident. The court is sort of like her work, and treat her like respect. It's the same as you telling your work you got into a car accident and can't go to work. They won't question you or ask for proof. As an officer of the court, they will assume she is telling the truth.

          Yes, she is likely full of shit, like most lawyers are.

          Is the delay going to effect you ? How would you get in front of a judge and say they are just stalling without looking like a goof? What if the accident really did happen ?

          The real question however is, is the extension going to delay the trial ?

          Comment


          • #6
            Originally posted by trinton View Post
            thing is she will just show up to court and say she was in a car accident. The court is sort of like her work, and treat her like respect. It's the same as you telling your work you got into a car accident and can't go to work. They won't question you or ask for proof. As an officer of the court, they will assume she is telling the truth.

            Yes, she is likely full of shit, like most lawyers are.

            Is the delay going to effect you ? How would you get in front of a judge and say they are just stalling without looking like a goof? What if the accident really did happen ?

            The real question however is, is the extension going to delay the trial ?

            Thank you Triton. The motion is being heard *BY WRITTEN SUBMISSIONS ONLY*. So its not a matter of not being able to show up to work. Its a matter of serving upon me what should have been served (and filed) a week ago.

            I have told her that I do *NOT* consent, but would reconsider upon a credible explanation as to why a car accident prevents her from serving me her responding affidavit on time.

            Comment


            • #7
              Originally posted by plainNamedDad44 View Post
              Thank you Triton. The motion is being heard *BY WRITTEN SUBMISSIONS ONLY*. So its not a matter of not being able to show up to work. Its a matter of serving upon me what should have been served (and filed) a week ago.

              I have told her that I do *NOT* consent, but would reconsider upon a credible explanation as to why a car accident prevents her from serving me her responding affidavit on time.
              Well if she can email you, then she can probably serve you, or hire someone to serve you, if it's just the matter of serving.

              Comment


              • #8
                Originally posted by trinton View Post
                Well if she can email you, then she can probably serve you, or hire someone to serve you, if it's just the matter of serving.
                Exactly... Lots of options where the lawyer's personal issues don't have to impact everyone.

                Comment


                • #9
                  Now she is asking for another, because of a car accident she was in.
                  How serious of a car accident are we talking about? Were there injuries, or did this waste 3-4 hours to get run through the station and have the car towed to a shop?

                  If serious injury, a judge is likely to grant an extension. If it wasted a morning, then why were the documents not sent the following day?

                  Would a 24 hour extension impact anyone? If no, grant it (I assume the documents were served the next day).

                  If they were in a fender bender but have neglected to complete their documents a week later, that is a separate issue. Your case may be resolved faster if you grant them a short peremptory extension rather than bicker over an extension or not; but the lawyer is skating on thin ice. The calculation you need to consider is whether a judge will think, "this lawyer is a ditz and the opposing side is a jerk" - because that makes YOU look bad but not your EX for having a ditz for a lawyer.

                  You can tell the lawyer:

                  1. To send a representative in their place if they cannot attend.
                  Depending on the nature of the appearance and complexity of the case that may not be possible.

                  she will just show up to court and say she was in a car accident. The court is sort of like her work, and treat her like respect. It's the same as you telling your work you got into a car accident and can't go to work. They won't question you or ask for proof. As an officer of the court, they will assume she is telling the truth.
                  Probably (with respect to being able to meet and commission the affidavit).

                  Yes, she is likely full of shit, like most lawyers are.
                  https://en.wikipedia.org/wiki/Splitting_(psychology)

                  Is the delay going to effect you ? How would you get in front of a judge and say they are just stalling without looking like a goof? What if the accident really did happen ?

                  The real question however is, is the extension going to delay the trial ?
                  Prudent questions to consider.

                  Comment


                  • #10
                    STBX lawyer has refused to provide details that would rationalize a second extension.

                    Despite that I have consented to an extension until this Wed, indicating there will be NO FURTHER extensions. Enough is enough.

                    Thanks all.

                    PND

                    Comment


                    • #11
                      indicating there will be NO FURTHER extensions.
                      The word you are looking to include is "peremptory".

                      Comment


                      • #12
                        Originally posted by OrleansLawyer View Post
                        The word you are looking to include is "peremptory".
                        thanks OL.

                        defintion in law:

                        not open to appeal or challenge; final.
                        "there has been no disobedience of a peremptory order of the court"
                        synonyms: irreversible, binding, absolute, final, conclusive, decisive, definitive, categorical, irrefutable, incontrovertible; unappealable
                        "a peremptory order of the court"

                        Comment


                        • #13
                          I like written submissions-only format. Wish all decisions were rendered this way.

                          Chances are, crap your ex's lawyer is submitting is a rebuttal to something you already presented evidence for correct?

                          If that is the case I'd just proceed and ignore the other side. Actually, I would not have given them a heads-up about this. If there is anything of value, which judge believes you should be able to respond to, then judge would likely adjourn the matter a/or reject the late submission. On the other hand, if it comes to you late with something you feel is imperative to respond to you should be able to, do so perhaps under "fresh evidence" rules?

                          What a frigging unending pain - I feel for you.

                          Comment


                          • #14
                            I said "most"lawyers. Didn't use the word "all". Can't be black and white.

                            Many good ones out there doing the right thing too. But most I have dealt with were dolts.

                            Comment


                            • #15
                              Originally posted by arabian View Post
                              I like written submissions-only format. Wish all decisions were rendered this way.

                              Chances are, crap your ex's lawyer is submitting is a rebuttal to something you already presented evidence for correct?
                              Yes, correct, they are supposed to provide a responding affidavit. Frankly I think I have them by the tail on this one. STBX's lawyer's reputation clearly already in the toilet with the Newmarket justices. This behavior just affirms it.

                              Any self rep that can mind their p's and q's and play fair and not fear a lawyer's blow hard rhetoric would beat this lawyer with their eyes closed.



                              If that is the case I'd just proceed and ignore the other side. Actually, I would not have given them a heads-up about this. If there is anything of value, which judge believes you should be able to respond to, then judge would likely adjourn the matter a/or reject the late submission. On the other hand, if it comes to you late with something you feel is imperative to respond to you should be able to, do so perhaps under "fresh evidence" rules?

                              What a frigging unending pain - I feel for you.
                              Thanks Arabian... but I have my kids. They are a pain in the butt, but I love them more than life it self. STBX is the loser here, and has failed miserably in her attempt to lie though everything.
                              Last edited by plainNamedDad44; 10-31-2017, 09:11 AM.

                              Comment

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