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-   -   Lawyer won't respond (https://www.ottawadivorce.com/forum/showthread.php?t=4037)

Ihave2kidsIcannotsee 02-13-2009 06:24 AM

Lawyer won't respond
 
Hi, I hired a lawyer for my up coming trial, he says that there is no need for a trial as the evidence is clear in my favor and that my ex lawyer is just trying to milk his client. He wants to handle my case but has another court appearance on the same day as mine so he is trying to get her lawyer to remand it to another time, problem is her lawyer will not respond. My lawyer has sent an e-mail and fax requesting to remand but he will not get back to him. What can I do lawyer said something about filing papers to the judge to request a remanding, but it would cost me a pretty sum can I do this myself is it hard?:(

AtALoss 02-13-2009 09:46 AM

I believe you can, but before I commit 100% let me check something out for you and I will post back and let you know what I find.

AtALoss 02-13-2009 12:07 PM

Talk with your lawyer in regards to doing so. Cases are remanded all the time. Have seen it while I was in court, many of the lawyers at the time have requested it for a variety of reasons. Done on the fly so to speak while infront of the Judge. The following is a link to a list of forms that are used in the family court system. you may only have to file a Motion and that would be #14 etc. Just scroll down that page and there they all are for you to print out. But ask your lawyer (thier assistant may even know) or another, duty counsel, a paralegal. Lots to ask in your area.

Your lawyer is correct in that there would be additional expense if he did so, like everyone they want to get paid for his time so keep that in mind.

Rereading your post again I think as well is that while all may agree that there is not much need of the trial because they are forcing the issue of not wanting to settle anything that it should just be allowed to move to trial. remanding would just be adding expenses to your bill. Is that worth it? Some things to talk with them about.

AtALoss 02-13-2009 12:08 PM

Sorry forgot to post that link....

Family Law Rules Forms — Ontario Court Services

there we go.:)

Ihave2kidsIcannotsee 02-13-2009 01:21 PM

NO we need to remand it because My lawyer cannot come that day he is in a another court case on that day. So I have either the choice of trying to find someone els or remand it. We are remanding a pre trial not the actual trial. She is being unreasonable I offered her 440.00 per month when I only make 25,000 a year and she turned it down. Her Lawyer is all for the money he is a bad one, and my lawyer said he is trouble hard to work with won't answer phone calls faxes or e-mails apparently he is well known for this! I am going to see if I can do the remanding by filing the papers myself maybe that will work. Thanks for the link I appreciate your help.

Ihave2kidsIcannotsee 02-13-2009 02:16 PM

Does anyone know exactly what forms I need to fill out for a remanding of my case?

AtALoss 02-13-2009 06:05 PM

As I said have seen remanding happen all the time in the court. Had a change to ask my spouse about this and he said that you could just appear in court that day and ask for another date as your lawyer is not available. He had to do this too. Get some dates from your lawyer first and the Judge will ask why you are requesting this. Explain as the other lawyer is unresponsive etc etc.
It is very likely that it will be granted as the Judges do not like to proceed if they dont have to when they know you have counsel. thier preference is that the lawyers are there. Consult with your lawyer about this and I think they would approve.

peterr 01-09-2010 08:57 PM

I am now in a similar situation where my soon to be ex-wife's lawyer is not responding to my lawyer's letters and phone calls to settle the profit made from selling the mat. home and debts. Our guess is, he is just trying to make more money by taking this simple case to court. There should be some sort of law against this type of act by lawyers. This is just plain abuse of client's dire situation by greedy lawyers.

logicalvelocity 01-10-2010 10:30 PM

Usually a 14C Confirmation form is filed with the Registrar 2 days before the case conference or motion.

On the 14C Confirmation, background of the sought after adjournment can be conveyed. This form can be completed yourself or by your lawyer. Either way be sure to keep a copy for your own records and that of your lawyer.

Nevertheless, when court dates are booked, the parties are expected to attend along with their lawyers. However, nothing is absolute and unforseen circumstances occur.

If your lawyer can't make the hearing with the other side contesting -- be sure to attend or in the alternative an agent on your behalf attends the hearing to request the adjournment.

I suspect that if your lawyer is not present due to their attendance at another hearing -- The adjournment will be granted.


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