Unethical behaviour of a lawyer

[atlanticcanadian]

It has been some time since I have posted in here.

I negotiated spousal support with my ex as he communicated he had returned to employment.

His counsel was to send the Order over for my counsel to sign off. The Order comes and is completely different that what was negotiated.

My question is quite simple: Does that not constitute unethical behaviour.

[mcdreamy]

No. You discussed and agreed to a possible settlement with your ex, he went to his lawyer.

Sounds like you have now received a counter offer for consideration.

[arabian]

I have learned that with some people (like my ex) you do not agree to anything unless it is recorded and in the presence of a judge.

[atlanticcanadian]

Apology - I misspoke

The lawyers worked out the settlement and a new amount for spousal support and marital property equalization.

His lawyer then reneged.

[arabian]

I am not surprised at all. I found the whole process of "negotiating" to be a waste of time and money.

Your ex directs the actions of his lawyer. Never forget that.

My lawyer has, in the past, encouraged me to try to "resolve" things with my ex. It always resulted in him changing his mind. I now operate with the mind set that I will let a judge decide all matters and save myself the time and expense of dicking around with lawyers.

What does your lawyer have to say?

[atlanticcanadian]

My lawyer is MIA other than telling me to shut up and he will help me fill out the paperwork but everytime I got meet with him, he conveniently gets tied up in court.

[arabian]

Perhaps put pressure on assistant. Find out when he comes and goes. Book an appointment with him through his assistant. If that fails show up at his office first thing in the morning and tell the receptionist you will wait until he comes in.

Failing that, ask for an appointment with senior partner and explain your problem and ask to referred to another lawyer in the firm.

Even if he gets tied up in court he will probably come back to the office sooner or later. IF he knows you won't go away he will have to deal with you sooner or later.

[OrleansLawyer]

The Order comes and is completely different that what was negotiated.

The lawyers worked out the settlement and a new amount for spousal support and marital property equalization.

His lawyer then reneged.

His lawyer is following instructions.

What does your agreement state? Have your lawyer draft the Order with the clauses from your agreement.

If you do not have a signed agreement then you have nothing.

[atlanticcanadian]

Thank you so much for responding, OrleansLawyer.

My lawyer said we are going to Court. Now won't return phone calls or emails.

[DowntroddenDad]

My ex did much the same thing, hiding behind what her lawyer, claiming her lawyer had made her change her mind. There is no point arguing about it however, you just have to deal with it.

[Tayken]

If you do not have a signed agreement then you have nothing.

This is why you should always walk out of any 4-way meeting or mediation (SC, TMC, CC, LOA-SC, et all..) with a signed agreement (Minutes of Settlement some call them). People change their minds often after the fact.

Oral agreements are about as worthless as a promise given orally by a politician.

You can't bind an agreement unless inked in accordance with Rule 49.(09) of the Rules of Civil Procedure generally.

http://www.e-laws.gov.on.ca/html/reg...s_900194_e.htm

"Read my lips: No new taxes."

Good Luck!
Tayken

[atlanticcanadian]

OK heard from the Court with this convoluted mess. He made an application but didn't provide all the paperwork. Now I have to answer his application first to have a "ruling" on that. A bunch of forms to fill out. My lawyer is still missing in action. These forms are for Nova Scotia Supreme Court (Family Division).

As far as I know, my lawyer doesn't have an assistant either. It seems like the lawyers take turns answering the phones or you leave a voice mail. I don't do voice mail during the day because I am currently working in a position that requires concentration.

[HappyMomma]

I have learned that with some people (like my ex) you do not agree to anything unless it is recorded and in the presence of a judge.

And then you immediately ask for a court order while you have the ex's consent, otherwise they change their mind the moment they leave the room.

[atlanticcanadian]

And then you immediately ask for a court order while you have the ex's consent, otherwise they change their mind the moment they leave the room.

I tried that but my lawyer wouldn't do it. I have also found out that my lawyer filed nothing at the Court to bring this into Court.

Basically I paid a lot of money for now a lawyer that won't even communicate. I am done with this guy. He did say it was complicated. It isn't complicated at all. It is simplistic as hell.

The Court is sending me out paperwork to answer his application that he filed six months ago and to file my own. My ex is seriously the king of dodging responsibilities and a Drama King and his sugar momma is not too bright either to believe all of his lies.

[OrleansLawyer]

The Court is sending me out paperwork to answer his application that he filed six months ago and to file my own.

If your ex has filed an application you need to file an answer. Failing to do so can result in being noted in default and the matter proceeding without further notice to you.