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  • Lawyer on record declining service

    Hubby went to serve lawyer on record yesterday with motion material. He declined service stating: this is a new matter and I've not been retained for it. Lawyer nor client has completed a change in representation form. This is also not a new matter. Same court file number and a motion to change only.

    Hubby went back and served him anyways. Then had a friend serve the ex wife as well. Ex wife said in an email the day before that she had instructed her lawyer to forward all info to her and otherwise "had no legal representation any more".

    What am I missing? Lawyer is still on record. He has not removed himself. While we served them both - how do we know who to continue to serve documents (costly and timely to do both). And how do we know if she is self rep'd now? We don't trust this lawyer. Court is in just over a week for the stupid holiday weekends she can't cooperate and follow the SA....

  • #2
    Originally posted by Serene View Post
    Hubby went to serve lawyer on record yesterday with motion material. He declined service stating: this is a new matter and I've not been retained for it. Lawyer nor client has completed a change in representation form. This is also not a new matter. Same court file number and a motion to change only.

    Hubby went back and served him anyways. Then had a friend serve the ex wife as well. Ex wife said in an email the day before that she had instructed her lawyer to forward all info to her and otherwise "had no legal representation any more".

    What am I missing? Lawyer is still on record. He has not removed himself. While we served them both - how do we know who to continue to serve documents (costly and timely to do both). And how do we know if she is self rep'd now? We don't trust this lawyer. Court is in just over a week for the stupid holiday weekends she can't cooperate and follow the SA....
    Until form 4 served and filed lawyer is on the record...

    Comment


    • #3
      That's what we thought. The lawyer tends to ignore communications - regardless that they are legitimate, require a response and are professional.

      We'd like to take him to task and have him communicate in writing his position - on or off file. But how?

      Comment


      • #4
        Why not try a letter to the Law Society

        Comment


        • #5
          I did send letter to law society. They will not advise answer unless I name lawyer. I am trying to do my due diligence and not make a complaint unless warranted against the lawyer. But I cannot seem to find an answer to if this is proper procedure. I'm assuming it is not.

          Applicant wrote to said lawyer last week and asked for the lawyer to confirm in writing if he is representing client on this matter or not. Of course, no reply.

          Comment


          • #6
            a motion to change
            A motion to change is an originating process. The lawyer is correct; this is a new matter.

            You will need to have the motion materials personally served on the other party, just like the original application.

            Comment


            • #7
              I stand corrected. We incorrectly used a motion to change form. Court clerk accidently accepted the paperwork and then retracted it being filed/served.

              We then served motion paperwork. Again, that was refused by lawyer as well.

              So my understanding then is: new issue - he is not the lawyer on record. Same issue, as is with corrected motion material he is indeed the lawyer on record until such time as a change in representation form is served and/or filed.

              Comment


              • #8
                What about faxing him another letter with LSUC cc'ed ?

                Comment


                • #9
                  What about faxing him another letter with LSUC cc'ed ?
                  LSUC is not a lawyer's mother. If someone's behavior annoys you, but working around it does not inconvenience you, move on.

                  Picking unnecessary fights is indicative of a person's need for therapy, not their rightness.

                  Comment


                  • #10
                    Originally posted by OrleansLawyer View Post
                    LSUC is not a lawyer's mother. If someone's behavior annoys you, but working around it does not inconvenience you, move on.

                    Picking unnecessary fights is indicative of a person's need for therapy, not their rightness.
                    OL understood. But how does OP work around this when the lawyer is on record and the motion material is relevant to the current matter ? How can the lawyer refuse service ?
                    Last edited by plainNamedDad44; 05-08-2014, 12:13 PM. Reason: grammar

                    Comment


                    • #11
                      Plainname: the LSUC will investigate complaints on lawyers. However, my issue was in establishing if we have a legitimate complaint with this lawyer.

                      Orleanslawyer was a bit harsh in his comment back but is essentially saying the same thing as my original question relates to: do we have a legitimate complaint to bring to the LSUC?

                      Comment


                      • #12
                        Well, I have a lot of respect for OL, but if the lawyer on record is not accepting service with no good reason what else are you supposed to do besides report him/her ? How does one work around this. I am all for not picking fights.

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                        • #13
                          Ah, reread posts, serve both. Right. Yes.

                          Comment


                          • #14
                            I too have enormous respect for orleanslawyer.

                            But I'm still stumped. We don't want to put this lawyer through a complaint process unnecessarily. We are trying to do our due diligence. But this lawyer isn't even answering our written communication to confirm he is representing this client for this matter and is still the lawyer on record (which he is as he has not removed himself by way or motion and client hasn't removed with change or rep form).

                            Comment


                            • #15
                              We are serving both. It costs time and money to do so. AND he is still on file/record at court. We have never been served nor is there on file a change of rep form...

                              Comment

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