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Can I sue my STBX's lawyer for being so high conflict and failure in duty of care ?

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  • Can I sue my STBX's lawyer for being so high conflict and failure in duty of care ?

    Hi community,


    Are there grounds to sue STBX's lawyer, say if they are clearly creating conflict where none is needed ?

    PND

  • #2
    I wouldn't recommend it.

    Comment


    • #3
      Originally posted by Tayken View Post
      I wouldn't recommend it.
      thanks for the response Tayken. Can you elaborate please ?

      Comment


      • #4
        Originally posted by plainNamedDad44 View Post
        thanks for the response Tayken. Can you elaborate please ?
        Lawrence v. Peel Regional Police Force

        In particular this one:

        https://www.canlii.org/en/on/onsc/do...nlii27831.html

        The lawyer will win. Always.

        Comment


        • #5
          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.

          Comment


          • #6
            Originally posted by Janus View Post
            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.
            no costs award?? really ?? why not ?

            Comment


            • #7
              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.

              Comment


              • #8
                Originally posted by OrleansLawyer View Post
                ...
                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 $$$$.

                What am I to do?

                Comment


                • #9
                  Originally posted by plainNamedDad44 View Post
                  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.

                  Comment


                  • #10
                    Originally posted by plainNamedDad44 View Post
                    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?

                    Comment


                    • #11
                      Originally posted by standing on the sidelines View 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.

                      Comment


                      • #12
                        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.

                        Comment


                        • #13
                          Originally posted by OrleansLawyer View Post
                          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.

                          Sent from my LGMS631 using Tapatalk

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              Tell the lawyer to be reasonable and comply or you will seek costs against her personally : http://www.ottawadivorce.com/forum/f...0-000-a-21122/

                              Don't actually do it. But keep asking to setup the call as recommended by real state agent and document the lawyer's ignorance and incompetence.

                              Comment

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