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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 01-06-2013, 06:57 PM
atlanticcanadian atlanticcanadian is offline
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Default Unethical behaviour of a lawyer

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.
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Old 01-06-2013, 08:01 PM
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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.
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Old 01-07-2013, 12:14 AM
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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.
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Old 01-07-2013, 08:23 AM
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Default Apology - I misspoke

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

His lawyer then reneged.
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Old 01-07-2013, 09:39 AM
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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?
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Old 01-07-2013, 11:06 AM
atlanticcanadian atlanticcanadian is offline
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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.
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Old 01-07-2013, 11:18 AM
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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.
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Old 01-07-2013, 11:46 AM
OrleansLawyer OrleansLawyer is offline
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Quote:
The Order comes and is completely different that what was negotiated.
Quote:
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.
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Old 01-07-2013, 02:06 PM
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Thank you so much for responding, OrleansLawyer.

My lawyer said we are going to Court. Now won't return phone calls or emails.
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Old 01-07-2013, 02:48 PM
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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.
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