what does this term mean?

[charlieb]

My ex's second lawyer ( first one chose not to represent him after he had lied to her numerous times), has just passed a letter on to my lawyer stating that: the law firmof *** and *** will only be now used to pass documents onto the defendant "notwithstanding they are counsel of record" ( his reasoning is that he has just moved and donot want me to know his address).... what does that mean excatly??has she decided to remove herself as well from defending him? anyone?

[Mess]

It could mean that he is minimizing his costs by instructing the lawyer not to engage in phone calls, emails or any other back and forth with your lawyer. They will only receive correspondance and forward it.

[Tayken]

My ex's second lawyer ( first one chose not to represent him after he had lied to her numerous times), has just passed a letter on to my lawyer stating that: the law firmof *** and *** will only be now used to pass documents onto the defendant "notwithstanding they are counsel of record" ( his reasoning is that he has just moved and donot want me to know his address).... what does that mean excatly??has she decided to remove herself as well from defending him? anyone?

Hi,

This is what may be referred to as a "limited retainer". It appears your "ex" has retained a law firm on a "limited retainer". They provide advice but, your "ex" is driving the litigation and response. They just put the content of your ex's on their letter head.

Limited retainers are a bad idea. It means that the solicitor of record takes no responsibility for their conduct in the matters and will just pass along whatever garbage they get at times. The good news for you is that if you have properly retained counsel your counsel will be prepared, understand your case and how you want to proceed. This really plays out in motion arguments and at trial.

A "limited retained" solicitor walks into the motion argument cold. Judges can sniff them out fast and any good solicitor can eat them alive on oral arguments because they are familiar with the case and your theory of the case.

Avoid limited retainers. A lot of lawyers push them to get clients but, when the sh*t hits the fan they are useless.

PS: Beware of solicitors who ask you to sign 5 page retainers. Usually they hire "troubled" clients who get them into trouble. The 5 pages basically absolve them of their responsibilities to their client.

More on "limited retainers":

http://documents.jdsupra.com/70495fe...52b5b4ee24.pdf

Good luck!
Tayken

[charlieb]

Thank-You,

That makes alot of sense to me as reading thru a copy of his defense there is so much false about it and no documents to back up any claims..its a mess really as there are contradictions all over the place. I was wondering what kind of lawyer he has to not have her s*** together.. but seeing the above reponse speaks volumes as its obvious they do not care what they are passing on on his behalf...as for myself I have retained my lawyer and para-legal and will continue to do so.
Thanks for the explaination!... court is now going to be so much fun!.. if he shows up