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  • #16
    Nothing in the rules cited obligates a lawyer to respond to anyone who isn't their client, particularly when they have instructions to the contrary.

    To comply with courtesy, civility and reasonable behavior, the note "I will not be reading or responding to any correspondence between us, on instruction of my client" would seem sufficient.

    Comment


    • #17
      Originally posted by OrleansLawyer View Post
      Nothing in the rules cited obligates a lawyer to respond to anyone who isn't their client, particularly when they have instructions to the contrary.

      To comply with courtesy, civility and reasonable behavior, the note "I will not be reading or responding to any correspondence between us, on instruction of my client" would seem sufficient.
      6.03 RESPONSIBILITY TO LAWYERS AND OTHERS
      ....

      Communications
      (5) A lawyer shall not in the course of professional practice send correspondence or otherwise communicate to a client, another legal practitioner, or any other person in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

      (6) A lawyer shall answer with reasonable promptness all professional letters and communications from other legal practitioners that require an answer, and a lawyer shall be punctual in fulfilling all commitments.

      Comment


      • #18
        that require an answer
        If it is known that the correspondence will not be read, no answer is required.

        In the alternative, autoresponding with "I will not be reading or responding to any correspondence between us, on instruction of my client" would suffice, in my humble opinion.

        Comment


        • #19
          Originally posted by OrleansLawyer View Post
          If it is known that the correspondence will not be read, no answer is required.

          In the alternative, autoresponding with "I will not be reading or responding to any correspondence between us, on instruction of my client" would suffice, in my humble opinion.
          what about that part ?

          Ms. Heakes notes that a client‟s instructions to resist a reasonable adjournment request or to take advantage of an error do not „trump‟ the lawyer‟s professional obligations. 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.
          Goddard (Re), 2007 LSBC 46 (CanLII), CanLII - 2007 LSBC 46 (CanLII)

          Responding to Communications
          [24] Chapter 11, Rule 6 of the Professional Conduct Handbook requires a lawyer to reply “reasonably promptly to any communication from another lawyer that requires a response,” and in Law Society of BC v. Smith, 2005 LSBC 27 (CanLII), 2005 LSBC 27 at paragraph [8] the Hearing Panel made it clear, in our view entirely appropriately, that that obligation extends to communications from others who are not lawyers.[1] In the Smith case (supra), the Hearing Panel concluded that a breach of Chapter 11, Rule 6 in failing to respond to another lawyer constitutes professional misconduct.

          [25] We can think of no principle that justifies a different characterization of a failure to respond to a communication requiring a response from someone who is not a lawyer.

          [26] Chapter 13, Rule 3 of the Professional Conduct Handbook says that “a lawyer must reply promptly to any communication from the Law Society,” and the jurisprudence is clear that, except in circumstances of an “incapacitating illness” – see Law Society of BC v. Cunningham, 2007 LSBC 17 (CanLII), 2007 LSBC 17 – such a failure constitutes professional misconduct.

          [27] There is no evidence of any such incapacitating illness, and we have little difficulty in concluding, therefore, that the Respondent’s failure to respond on a timely basis or at all to communications from other lawyers, clients or others, including the Law Society, as alleged in counts 2, 4, 7 and 9 to 15 inclusive of the citation, constituted professional misconduct.
          Last edited by WorkingDAD; 06-27-2013, 11:54 AM. Reason: added case

          Comment


          • #20
            OrleansLawyer,

            WorkingDad beat me to the punch with the jurisprudence on the matter. This is an extension of a theory that I have been researching in the area of "Family Law" based on WorkingDad's very own "wry variation" of the Redbull slogan which is found in case law:
            Legal Aid gives you wings.

            The extension of the theory that I have been researching and with regard to "Family Law" is... Does being registered with the law society give you wings?

            I am investigating the following questions derived from WorkingDad's own: Do lawyers have wings? Are lawyer governed accordingly to Rule 24.(2) of the CLRA in Ontario? What obligations does a lawyer have to the children, the only party that truly matters in "Family Law" in a custody and access dispute? Should a lawyer's conduct in a "Family Law" matter where a justice is making a determination in accordance with Rule 24.(2) be considered? Does client-solicitor privlidge impede the proper application of Rule 24.(2)?

            For example:

            http://www.ottawadivorce.com/forum/f...ily-law-15139/

            At all times litigants and their counsel must comply with the jurisprudence regarding ex parte orders.
            But, in what instance does a lawyer become party to a case possibly? When they have failed to "comply with jurisprudence"?

            The responsibility of ensuring full and complete disclosure to the court rests with the moving party. There is also a sharing of this responsibility by the lawyer representing the moving party to ensure that the [b]situation constitutes an appropriate case[b] to seek an ex parte order. Where a lawyer is not on the record, but is assisting a party in preparing material in support of an ex parte order, for example duty counsel, there is a similar obligation to take appropriate care to ensure that the circumstances justify the bringing of an ex parte motion.
            Lawyers must be vigilant in advising litigants as to the jurisprudence regarding ex parte orders.
            Good Luck!
            Tayken

            Comment


            • #21
              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.

              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.

              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.

              Comment


              • #22
                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

                Comment


                • #23
                  their own peril
                  "their" referring to the combined team of client and counsel.

                  Comment


                  • #24
                    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?

                    Comment


                    • #25
                      furthermore does it help my case to demonstrate that I am being ignored?

                      Comment


                      • #26
                        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.

                        Comment


                        • #27
                          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?

                          Comment


                          • #28
                            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.

                            Comment


                            • #29
                              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.

                              Comment


                              • #30
                                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.

                                Comment

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