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-   -   Why are some lawyers offices difficult about accepting? (https://www.ottawadivorce.com/forum/showthread.php?t=15855)

Epona 08-20-2013 11:08 AM

Why are some lawyers offices difficult about accepting?
 
I've noticed the tendency with my ex's lawyer's office and noticed it more recently when delivering an envelope to the lawyer's office of an acquaintances ex spouse.
Based on my personal experience, I ask lawyer's offices to sign for whatever I leave at their office.
Today, the lawyer's office refused to sign for an envelope I was delivering as a favour for an acquaintance. I had to open the envelope (not addressed to me) and show them what was inside. Once I did that, they signed for the envelope (and contents).
I don't understand why some lawyer's offices are difficult about accepting documents for their clients.
They have to sign for packages from couriers and registered mail and they don't know what's inside. So why be difficult when papers are being delivered or served by an individual? :confused:

Leviathan 08-20-2013 11:16 AM

Quote:

Originally Posted by Epona (Post 145315)
I've noticed the tendency with my ex's lawyer's office and noticed it more recently when delivering an envelope to the lawyer's office of an acquaintances ex spouse.
Based on my personal experience, I ask lawyer's offices to sign for whatever I leave at their office.
Today, the lawyer's office refused to sign for an envelope I was delivering as a favour for an acquaintance. I had to open the envelope (not addressed to me) and show them what was inside. Once I did that, they signed for the envelope (and contents).
I don't understand why some lawyer's offices are difficult about accepting documents for their clients.
They have to sign for packages from couriers and registered mail and they don't know what's inside. So why be difficult when papers are being delivered or served by an individual? :confused:


911 changed quite abit :p

OrleansLawyer 08-20-2013 05:41 PM

Quote:

I don't understand why some lawyer's offices are difficult about accepting documents for their clients.
They may not have instructions to accept service.

An originating process (to start a case) must be served by hand; so anything that comes by courier will not be starting a new case. Someone handing you an envelope, however, could be an Application.

Epona 08-21-2013 12:50 PM

That's the "thing" that puzzles me. Lawyers are in the business of finding solutions to people's problems (okay I realize that's generalizing the task a "bit"). Part of finding solutions requires accepting paperwork from others. How can solutions or compromises be reached if one office refuses to accept paperwork? If being served something, it can't really be refused, so why be difficult about it? It will be served one way or another and I fail to see how anyone benefits from being difficult.
Where is the problem saying (words to the effect) "We received _____ from __________ on ___________ at _______________"?

Mess 08-21-2013 02:10 PM

Because it is the other party that has to be served. If it is a special service, it is not enough to give it to their landlord, their employer, the person who sells them a latte every morning, or their lawyer - unless the lawyer is instructed by the party to receive service.

The option of not allowing their lawyer to receive service on their behalf is their - and all of our - right. I should be able to require that I am pesonally made aware of any action against me.

In this case, of course the party is making it difficult to be served, but that is what it is.

Epona 08-21-2013 05:05 PM

Curious.... When my ex first took me to court a process server presented me with documents to initiate court action. I told the process server that I wasn't going to take them. He said (or words to the effect), "Too bad. You've been served. Doesn't matter if you sign for the papers or not." I assume he would have sworn an affidavit at the courthouse to the effect that I had been served, if I didn't (very begrudgingly) sign for them.
I've read instances in these forums where one person signs an affidavit swearing that the other party was served, when in fact the other party had NOT been served!?
I can see why a lawyer's office would refuse something when they had not been retained by a client.
But I still find it boggling that a lawyer's would refuse to sign for something that they were expecting?

DowntroddenDad 08-21-2013 05:08 PM

Quote:

Originally Posted by Epona (Post 145495)
Curious.... When my ex first took me to court a process server presented me with documents to initiate court action. I told the process server that I wasn't going to take them. He said (or words to the effect), "Too bad. You've been served. Doesn't matter if you sign for the papers or not." I assume he would have sworn an affidavit at the courthouse to the effect that I had been served, if I didn't (very begrudgingly) sign for them.
I've read instances in these forums where one person signs an affidavit swearing that the other party was served, when in fact the other party had NOT been served!?
I can see why a lawyer's office would refuse something when they had not been retained by a client.
But I still find it boggling that a lawyer's would refuse to sign for something that they were expecting?

Because, as someone else has point out, they may be under the orders of the client not to accept something, and they need to see it to know which client it is before they know if they can or should accept it.

FB_ 08-21-2013 05:29 PM

I know when I was about to serve my ex. They called her lawyer and asked her if she would accept service. She agreed and the process was simple.

My lawyer told me that her lawyer could refuse and we would have to serve her personally which would be more difficult as the server would have to find them instead of just serving an office that doesn't move.


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