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  • trial management conference - forced by ex's lawyer

    Hi, guys,

    trial management conference - forced by ex's lawyer

    this summer, after the 2nd settlement conference, ex's lawyer mailed me an offer to settle. Then after 2 weeks, i gave ex's lawyer my offer to settle as an response to their offer to settle.

    ex has a lawyer, and I represent myself.

    last weekend, ex called me and wanted to settle down directly between ex and me without her lawyer. i was confused by her way of jumping off her lawyer, so i sent an email to her lawyer to clarify whether the lawyer is still ex's representative. Then yesterday, her lawyer email me with following:

    [I am going to issue a Conference Notice with Superior Court of Justice for a Trial Managment Conference. I will be available on the following dates: December 17, 20 of 2010 and January 7, 14, 19, 21, 31, February 4, 7, March 2, 4, 7, 9, 11, 16, 18 and 21, 23, 25 of 2011. Please advise the dates you are not available.

    I look forward to hearing from you within seven days, failing which I will issue the above said Conference Notice without further notice to you.

    Please also be informed that I am pending for my client's instruction as to whether she will present a counter offer. "

    I feel that i am forced to accept a Trial Management Conference.

    Could any one give me an idea how to deal with it. what the legal procedure or rules say. I have checked the family law rule. I can not find out the related. I really need a direction about how to deal with it.

    could any one tell me some relevant resources, i can download, print, read and educate myself, before i raise any stupid questions.

    Thank you very much

    Oct. 14, 2010

  • #2

    I look forward to hearing from you within seven days, failing which I will issue the above said Conference Notice without further notice to you.

    Can the lawyer really do that and what do they mean by not notifying you further? I


    • #3
      Seven days for official response is reasonable. Non response is an indication that they are available.


      • #4
        I interpret that as meaning if you don't notify them of when you are available they will just pick a time that works for them. I could be way off base though.


        • #5
          So logical, how does it play in my favor? As a TMC was set but without the presence of the other lawyer. I want to secure this date and want to know how without further delay... or without strategic delay tactics that they are pulling


          • #6
            Yeah, confusing but if they appeared without the new representative and no adjournment - seek a date directly from them in writing and give them 7 days to respond. No response, book a date to your convenience and serve them the "notice" TMC brief and updated financials.

            The onus is on them to file the change in representation. The previous representative has acknowledged they no longer have an interest other than financial owing. lol, I think you have them on the ropes to Settlement. Stay the course but with more determination than ever before.


            • #7


              • #8
                Thank you all.

                It seems that I should pick a date and tell them. Probably I will do it.

                what i think is that i am going to try to reach a deal as much as i can before the TMC date in order to get the mess settled down.

                By the way, now i think ex has a strong will to finish this case as earlier as possible. And ex realizes that her lawyer keep the case alive, which is no good to ex at all. Any time the lawyer has chance to go to court, then the lawyer gets money. Is this the way how this industry run?

                I appreciate all your response.


                oct 15, 2010


                • #9
                  Just because there is a date set does not mean that you will need to use that date. The other lawyer is just trying to show you that he is in control.

                  Try to settle with the ex, and it will make things much more civil.


                  • #10

                    got your point. I appreciate it.

                    Oct 16, 2010


                    • #11
                      Hello Nick:
                      It seems I'm in the same situation as you, I'm representing myself and my ex and lawyer asked the judge to send our corollary issues to a TMC and it was granted. It's fast approaching and I need to know what to do?

                      Here is all the info I need so anyone at all reading this please chime in on any past TMC experience and advice someone can give, I'm so desperate for knowledge so I am ready against my ex and lawyer.

                      I am representing myself in a trial management conference, I would like to know the steps on filing paperwork, due dates for them and who am I allowed to bring with me and join in on any negotiations if the judge feels we should try to settle before he decides to send our outstanding corollary issues to trial.
                      I will try to be specific so I get a specific response:
                      What documents are due to courts and to opposing council and when?
                      I’m aware of a conference notice form 17, is that correct for my TMC?
                      I’m aware of a 14c Notice of Confirmation has to be filed.
                      Does a 76D have to be filed? A Trial Management Checklist.
                      What form is my actual brief filed on? I don’t have a form number for that?
                      I’m aware all my paperwork filed with the courts has to be filed with opposing council:
                      What are the due dates for filing what is time and day I can submit to the courts and submit to opposing council?
                      We have had a case conference, a settlement conference and and a motion o I have to also fill out a continuing record form?
                      Do I have to fill out a updating financial statement?
                      Do I have to file a regular 17A conference brief or a 14a general affidavit?
                      If I have evidence I would like to submit with my conference brief, do I have a special form to fill out for that?
                      Does each piece of evidence that I want to include have to be signed off by a commissioner for taking affidavits? Where do I get a commissioner to sign off on my evidence?
                      If I have a professional that I retained advice from(not a lawyer) that can support a point in my proposal can I bring them in with me to the Trial Management Conference to support my point? Since I am representing myself can I make that call or not? Can I bring up past endorsements and rulings? Can I file past orders as well and use affidavits that opposing council has filled out for previous courts dates ie case conference as evidence to support one of my points in my proposal I have submitted?

                      If there is any other info that I haven't brought up regarding the requirements of a TMC then please share them with me, Thanks so much.

                      PS If someone knows a great website that will help me resource additional information regarding me representing myself at a TMC please pass it on.

                      Honest X


                      • #12
                        hi, Honest X,

                        Thank you for your raising those questions to me.

                        My TMC will be on earlier Feb 2011, so i do not have so much knowledge about it yet, even though i asked so much already. right now my situation is that i am trying to get a deal with ex, but because ex's lawyer exists in this case, there is a high probability to go to TMC.

                        family law rule can be downloaded, so that you can understand the procedure and doc timeline,etc. exactly.

                        family law information center is a good place to go to get a free duty counsel.

                        asking some specific questions in this forum, there are always some seniors who like to help you with their knowledge and experience.

                        of course, i would like to answer your questions, or to help to find out the answer. but first you read the family law rule. then throw me one or two questions once. at the weekend i can search my memory or this forum or internet to get an answer. one way it is helping you and meanwhile i can learn from it.

                        good luck



                        • #13
                          Grateful for any help please

                          Thanks so much Nick, Mine is December and there is ZERO possibility of settling, we have tried several times so it looks like we’re going all the way. I will research those suggestions and see what I can come up with as far as directions. First and foremost at this point Nick I really would like to know what documents are due to the courts and opposing council and when, how can they be delivered to the opposing lawyers and to the courts? faxed or do I have to serve his lawyer or mail it or what and what am I mailing? What I do know is that a confirmation 14c has to be submitted to courts and the other side two days before court date? The rest is a mystery, do I have to do an updated financial statement, do I have to request it from the other side or does the other side automatically send it? Lots of questions so if the time frame alone gets answered with certainty then that a great start if you can find that out, I would be SO grateful.
                          Anyone else please feel free to give me your input I so need it right now. Overwhelmed!
                          honest x


                          • #14
                            hi honest x,

                            today it is too late for me to fully answer your questions.

                            however one thing you can do to educate yourself, the way i did for myself.
                            again you can down load the 'family law rule' by googling it. docuemt handling is similar to those for case conference meeting and settlement conference meeting. you read it, then we both has a base to talk with. then you can raise your specific questions.

                            then you will know how to handle those doc.

                            like financial statement (7 days or 4 days before court date), TMC conference brief(7 days or 4 days before court date), form 14c (2 days), as i know these 3 doc are the basic. the rest i do not know, you might teach me later.

                            i represent myself for case conference and (2) settelment conferece, including all the doc.

                            any doubt, let me know.



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