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Can I communicate with the layer on the other side

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  • Can I communicate with the layer on the other side

    Hi,

    Can’t get a hold of my lawyer, or my layer is only interested moving the case to court. can I communicate with lawyer on the other side directly to settle the case? Thanks!

  • #2
    If you do that while represented your lawyer may dump you as a client. Direct your own lawyer to help you draft an offer to settle and send it to the other side.

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    • #3
      The other lawyer is not allowed to engage you in communications while you are represented.

      Your lawyer may find it hard to dump you. Apparently it isn't easy but they may try to convince you they can.

      If you ex doesn't want to talk to you then leave it at that. They can pull all the strings of their lawyer and their lawyer has to follow their direction.

      You can direct you lawyer to send a letter for you.

      We really don't know your situation or your lawyer, they may be doing you good this way.

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      • #4
        Yes I did direct my lawyer to revise the offer the other party made, and work with the other party lawyer to finalize it. but my lawyer said he has to do an analysis before drafting an offer, and asked a whole bunch of financial info, which I don’t think necessary, I know what I want to settle the case, what shall I do? Fire the lawyer? Thanks.

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        • #5
          He does have to do an analysis to go along with the “independent legal advice” clause in the agreement. Not to mention he is paid to protect you. By telling you he wants to do a review it means he is doing a risk analysis which in the end will BENEFIT you. He is working to protect you and his hesitation tells me that your offer is not a good idea or puts you in a bad position.

          If you are going to voluntarily make bone headed decisions, why bother asking us or even paying a lawyer?

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          • #6
            Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?

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            • #7
              Originally posted by gmcode View Post
              Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?

              You will still need independent legal advice to sign the agreement. Plus if a judge doesn’t agree and sign off you will need a lawyer.

              Your best bet is to stop being so impatient and anxious and do what your lawyer says.

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              • #8
                If both parties will drop the case after come to a settlement, the dispute solved out of the court, does it still need to go thru the court approval?

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                • #9
                  Yes. It’s considered minutes of settlement.

                  Comment


                  • #10
                    Originally posted by gmcode View Post
                    Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?
                    Lawyers can be a tremendous and needless financial burden.
                    In addition to that, in my experience, many are not competent (not exaggerating here).

                    You can ask your lawyer if you can be on a limited retainer agreement, but at this late stage that seems like a poor idea.
                    Sometimes what you think is smart and is right and actually is doesn't fly in courts.

                    What is wrong with the offer made?

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                    • #11
                      It is an lump sum child support agreement, I know it is stupid and can come back to court again later on. But I want the lump sum to be reviewed/recalculated based on income if go to court again in the future, if overpaid, I won’t be ordered to pay more. I fully understand my rights and responsibility and will take the risk. I really don’t understand why the lawyer has to analysis it although I have clearly declared it would be my own decision, just need the lawyer to finalize it with the other parties lawyer.

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                      • #12
                        For that I would let your lawyer handle it, I don't see how you could do better.
                        If there is a mistake the other lawyer is ethically bound to tell yours, maybe they won't.

                        My agreement had something about no retroactive child support owed before Jan X, xxxx. I didn't think CS could be waved.

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                        • #13
                          Originally posted by gmcode View Post
                          It is an lump sum child support agreement, I know it is stupid and can come back to court again later on. But I want the lump sum to be reviewed/recalculated based on income if go to court again in the future, if overpaid, I won’t be ordered to pay more. I fully understand my rights and responsibility and will take the risk. I really don’t understand why the lawyer has to analysis it although I have clearly declared it would be my own decision, just need the lawyer to finalize it with the other parties lawyer.

                          Uh, you may be ordered to pay more especially for section 7. You can’t agree child support away. Not to mention you are trusting your ex to not do this again when she has proven she doesn’t give a crap about you.

                          The lawyer is also doing his own due diligence and protecting himself from a future suit against him by you.

                          Truly though this is a ridiculously dumb decision on your part. Why you want to pay her more than what she is owed has got to be one of the most bone headed decisions I’ve seen.

                          Comment


                          • #14
                            because
                            1. I am willing to help child if I can.
                            2. save a great deal of legal cost
                            3. save time, reduce stress.
                            4. poor health condition, work on disability leave. I am ok if overpaid the CS when my income drops due to disability, just don't want to fight it again especially when disability.

                            Comment


                            • #15
                              Originally posted by gmcode View Post
                              because
                              1. I am willing to help child if I can.
                              You are obligated to pay. It’s not help if you can. What happens in five years when you can’t but you are still obligated?
                              2. save a great deal of legal cost
                              You could have self repped. Not to mention having to pay more legal costs in the future when she comes back and she will.
                              3. save time, reduce stress.
                              Again, you will experience more stress this way. She will come back.
                              4. poor health condition, work on disability leave. I am ok if overpaid the CS when my income drops due to disability, just don't want to fight it again especially when disability.
                              You wouldn’t have to fight it again with an agreement that outlines changes. You pay based on your income. If your income goes down you pay less.

                              Again, this is a ridiculous approach and to be honest—quite lazy. Not to mention years from now your child will see it as you paying her off to disappear. That is terrible for a child even as an adult!


                              Sent from my iPhone using Tapatalk

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