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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #21  
Old 06-27-2013, 05:12 PM
OrleansLawyer OrleansLawyer is offline
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Does being registered with the law society give you wings?
A response that directs a self rep (or opposing lawyer) in how to direct their response is not a violation of the rules.

If the lawyer is on record - certainly, they can have documents served on them, and ignore them at their own peril.

It is not uncommon for litigants of scarce means to use their lawyer strictly for advice and drafting pleadings. In those cases, the litigant will jealously guard their retainer against potential waste. An example that is often viewed as wasteful is an ex who will pepper the lawyer with correspondence in the hope of financially defeating the represented litigant.

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If a client‟s instructions prevent counsel from his fulfilling his or her professional and ethical obligations, then counsel should remove him/herself from the record.
With respect, informing another party - whether self represented or represented by counsel - that no response will be forthcoming, and that correspondence should be directed to the litigant personally, is not a violation of the rules.

Opposing counsel requires that consent to deal with the self represented party directly. While not common, it is not unheard of for lawyers to be instructed not to communicate with each other due to the risk of fees for communication consuming funds required for litigation.

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reasonably promptly to any communication from another lawyer that requires a response
The statement, "I will not be reading or responding to any correspondence between us, on instruction of my client" is reasonable and prompt.

It is expected that a self represented party will be unfamiliar with aspects of the law and court procedure. This increases the obligation of counsel to conduct their case fairly and diligently, to avoid bringing disrepute to the administration of justice.

That does not, however, prevent a litigant from giving appropriate instruction to their counsel, or handcuff counsel in adequately following the instructions, to avoid tactics designed to needlessly drive up fees.
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  #22  
Old 06-28-2013, 01:42 PM
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Tayken Tayken is offline
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Originally Posted by OrleansLawyer View Post
A response that directs a self rep (or opposing lawyer) in how to direct their response is not a violation of the rules.

If the lawyer is on record - certainly, they can have documents served on them, and ignore them at their own peril.
My concern is with the bold highlight... It isn't at their own peril but, the peril of their client.

Good Luck!
Tayken
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  #23  
Old 06-28-2013, 02:44 PM
OrleansLawyer OrleansLawyer is offline
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their own peril
"their" referring to the combined team of client and counsel.
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  #24  
Old 07-04-2013, 11:37 PM
init'sowntime init'sowntime is offline
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ok, so I have tried now four times, calling the lawyer office, asking for the lawyer email address so that i may send correspondence. Each time I have called no one answers the phone, I call during business hours, on weekdays and at various times. I have left a message each time. Interestingly enough, each time I have been to the lawyers office there is always someone at the front desk. I have not had a response at all. What should I do next? I don't know whether I should file a motion (if so what do i file?) or if I should request a jcc, or file a partition order to force the sale of the house? I am tired of being ignored and I want to move things along. I think I said previously that I sent her lawyer a letter stating my willingness to negotiate and had no reply to that. I have now not heard anything from their side (except for the response to family claim, and her counter claim) in two months. Can anyone please advise me what to do next?
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  #25  
Old 07-04-2013, 11:44 PM
init'sowntime init'sowntime is offline
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furthermore does it help my case to demonstrate that I am being ignored?
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  #26  
Old 07-04-2013, 11:53 PM
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Originally Posted by init'sowntime View Post
I am tired of being ignored and I want to move things along. I think I said previously that I sent her lawyer a letter stating my willingness to negotiate and had no reply to that. I have now not heard anything from their side (except for the response to family claim, and her counter claim) in two months. Can anyone please advise me what to do next?
I have retained the services of a lawyer over 14 months ago and am in the same position as you are. There has been no progress at all - simple case, no children - easy enough.

I have no advice for you except to say that having a lawyer probably won't make things move any faster. Some lawyers will ignore the opposing litigant as a strategy especially if Ex is happy with the status quo.
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  #27  
Old 07-04-2013, 11:54 PM
init'sowntime init'sowntime is offline
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right now she is sitting in our house, I have no access to it, and I'm wondering what this is going to do in terms of time. The longer she is in the house, does that help her when it comes to division..as in because shes living there and paying the mortgage, any equity that is being built up now since we separated will that be hers alone? I'm worried that the longer this goes on that it would give her more claim to our family home?
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  #28  
Old 07-05-2013, 12:02 AM
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I'm no expert, but I do think that your Ex will gain some advantages on your home equity division since she is making the mortgage payments. Her lawyer will probably deduct whatever amounts she has put into the house since the date of separation. Usually judges are reluctant to change any INTERIM orders.

But then again you can claim your expenses of having to relocate since you were refused access to your own home. It works both ways in family law.

Read up on status quo and how it may affect final settlements.
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  #29  
Old 07-05-2013, 12:04 AM
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Originally Posted by Janibel View Post
I have retained the services of a lawyer over 14 months ago and am in the same position as you are. There has been no progress at all - simple case, no children - easy enough.

I have no advice for you except to say that having a lawyer probably won't make things move any faster. Some lawyers will ignore the opposing litigant as a strategy especially if Ex is happy with the status quo.
I think your right, she wants the house, she has the protection order against me (that was obtained using false information) so I can't access the house, and she along with the protection order also got an order for exclusive use (1yr) and the mortgage isn't up for renewal for three yrs. She doesn't make enough to remortgage on her own, so this is the next best thing....which brings me to my original question...how do i keep this moving along. shes living in a house that is half mine, taking advantage of my good credit, enjoying all the improvements I put into our house, and I'm sitting here going more and more into debt.
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  #30  
Old 07-05-2013, 12:18 AM
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First thing, is the protection order only for one year? Make sure that it is. Secondly if the charges are false, you want to try to get those cleared if possible. Is BC a no fault divorce province? If it is, the reason for the separation should have no impact of property division.

Whatever may or may not have happened, you still get 50/50 of your home minus whatever contributions she made post separation.

You could file a claim for 'undue hardship' though you'll have to prove it with financial statements. Is Ex working, is she asking for CC? A lot of variables.
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