I think you should serve the other party by way of process server just to cover your bases.
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Lawyer on record declining service
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Originally posted by OrleansLawyer View PostLSUC is not a lawyer's mother. If someone's behavior annoys you, but working around it does not inconvenience you, move on.
Picking unnecessary fights is indicative of a person's need for therapy, not their rightness.
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the lawyer is on record
How can the lawyer refuse service ?
this lawyer isn't even answering our written communication to confirm he is representing this client for this matter and is still the lawyer on record (which he is as he has not removed himself by way or motion and client hasn't removed with change or rep form).
As a matter of courtesy, I would serve the party (again, mail or dropped off) if that does not inconvenience you. But as for getting your documents in, send it to the lawyer and include a letter saying, "you are on record, if you want us to stop serving you please serve us with your client's notice of change in representation".
OL with much respect, serving both IS an inconvenience to Serene. No ?
However, if lawyer is on record, serve them and file (remembering, if motion to change it is a new matter and thus no one is on record). Or serve the party (courier, fax, mail, personally, etc) with regular motion material, or personally (motion to change), and they can hire/pass it on to their lawyer at their convenience.
You are falling into a trap warned against by many posters:
Don't (blindly) listen to your ex's lawyer.
If you follow the rules, service has been effected, regardless of the lawyer's claim to the contrary.
If the ex is self repped, and the lawyer either is too lazy or bumbling to get off record, serve the ex because that is the courteous thing to do.
Above all: don't panic, and remember your towel.
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Originally posted by OrleansLawyer View PostIf they are on record, and it is a regular motion, regular service is appropriate. You can send it to the lawyer by fax, courier or regular mail. Or to the other party.
They can't, any more than you can refuse a police ticket.
Your question is answered. If you wish to serve him, continue to do so.
As a matter of courtesy, I would serve the party (again, mail or dropped off) if that does not inconvenience you. But as for getting your documents in, send it to the lawyer and include a letter saying, "you are on record, if you want us to stop serving you please serve us with your client's notice of change in representation".
Serving both is safe and, in this case, protects OP against any claim they are trying to sneak one by.
However, if lawyer is on record, serve them and file (remembering, if motion to change it is a new matter and thus no one is on record). Or serve the party (courier, fax, mail, personally, etc) with regular motion material, or personally (motion to change), and they can hire/pass it on to their lawyer at their convenience.
You are falling into a trap warned against by many posters:
Don't (blindly) listen to your ex's lawyer.
If you follow the rules, service has been effected, regardless of the lawyer's claim to the contrary.
If the ex is self repped, and the lawyer either is too lazy or bumbling to get off record, serve the ex because that is the courteous thing to do.
Above all: don't panic, and remember your towel.
Yes... the towel is particularly important.
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