I am currently in arbitration. As each document is filed it has become clear that although ex. has a lawyer, he is not using the lawyer for legal advice, just stamping documents.
Each document; affidavit, and now brief, is written entirely by ex. with zero involvement from his lawyer. Ex. has also disregarded the rules as set out by the arbitrator and submitted documents of his choosing. His lawyer has stamped and signed each document but that appears to be all the lawyer is contributing.
I understand the ex. can retain his lawyer in any way that he wants, that is his choice.
This limited involvement is however causing problems.
Briefs have been filed and my lawyer is telling me that it is typical to now file rebuttal briefs. The problem is that exs. lawyer is only responding as, "I do not have instructions to agree to rebuttal briefs". Exs. lawyer will also not confirm whether or not ex. wants to proceed with oral hearings.
The issue is that the first date scheduled for oral hearings is quickly approaching and my lawyer needs to know if he needs to prepare for it.
My lawyer is telling me 2 things;
1) He says the rebuttal briefs are important because they form a record on which any appeal will be based. (I believe ex. will try to appeal).
2) In the absence of the rebuttal brief, the only way for me to get a rebuttal would be to insist on an oral hearing.
Because of the cost of an oral hearing, I have, up to now, not agreed to this expense. I am now feeling that I am forced to agree to this and I believe this is what the ex. is trying to do. He is most definitely high conflict and definitely has an axe to grind.
Question:
My lawyer is asking me if I am prepared to accept the cost of these steps - Oral hearing/or written rebuttal - Obviously an oral hearing is the more expensive of the 2 steps. My lawyer wants to make sure I am protected as fully possible in the event of an appeal and I do believe ex. is going to appeal.
I don't know how to respond. Only agree to a written rebuttal, or go all the way and insist on an oral hearing?
Because exs. lawyer has very limited input, I feel that this process has gone off the rails and I am struggling and reacting to what I think the ex. will do. Help!
Each document; affidavit, and now brief, is written entirely by ex. with zero involvement from his lawyer. Ex. has also disregarded the rules as set out by the arbitrator and submitted documents of his choosing. His lawyer has stamped and signed each document but that appears to be all the lawyer is contributing.
I understand the ex. can retain his lawyer in any way that he wants, that is his choice.
This limited involvement is however causing problems.
Briefs have been filed and my lawyer is telling me that it is typical to now file rebuttal briefs. The problem is that exs. lawyer is only responding as, "I do not have instructions to agree to rebuttal briefs". Exs. lawyer will also not confirm whether or not ex. wants to proceed with oral hearings.
The issue is that the first date scheduled for oral hearings is quickly approaching and my lawyer needs to know if he needs to prepare for it.
My lawyer is telling me 2 things;
1) He says the rebuttal briefs are important because they form a record on which any appeal will be based. (I believe ex. will try to appeal).
2) In the absence of the rebuttal brief, the only way for me to get a rebuttal would be to insist on an oral hearing.
Because of the cost of an oral hearing, I have, up to now, not agreed to this expense. I am now feeling that I am forced to agree to this and I believe this is what the ex. is trying to do. He is most definitely high conflict and definitely has an axe to grind.
Question:
My lawyer is asking me if I am prepared to accept the cost of these steps - Oral hearing/or written rebuttal - Obviously an oral hearing is the more expensive of the 2 steps. My lawyer wants to make sure I am protected as fully possible in the event of an appeal and I do believe ex. is going to appeal.
I don't know how to respond. Only agree to a written rebuttal, or go all the way and insist on an oral hearing?
Because exs. lawyer has very limited input, I feel that this process has gone off the rails and I am struggling and reacting to what I think the ex. will do. Help!
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