Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > General Chat

General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

Closed Thread
 
Thread Tools
  #1  
Old 08-10-2011, 09:53 PM
charlieb charlieb is offline
Junior Member
 
Join Date: Jan 2011
Posts: 22
charlieb is on a distinguished road
Default what does this term mean?

My ex's second lawyer ( first one chose not to represent him after he had lied to her numerous times), has just passed a letter on to my lawyer stating that: the law firmof *** and *** will only be now used to pass documents onto the defendant "notwithstanding they are counsel of record" ( his reasoning is that he has just moved and donot want me to know his address).... what does that mean excatly??has she decided to remove herself as well from defending him? anyone?
  #2  
Old 08-10-2011, 11:06 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

It could mean that he is minimizing his costs by instructing the lawyer not to engage in phone calls, emails or any other back and forth with your lawyer. They will only receive correspondance and forward it.
  #3  
Old 08-11-2011, 08:45 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,821
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by charlieb View Post
My ex's second lawyer ( first one chose not to represent him after he had lied to her numerous times), has just passed a letter on to my lawyer stating that: the law firmof *** and *** will only be now used to pass documents onto the defendant "notwithstanding they are counsel of record" ( his reasoning is that he has just moved and donot want me to know his address).... what does that mean excatly??has she decided to remove herself as well from defending him? anyone?
Hi,

This is what may be referred to as a "limited retainer". It appears your "ex" has retained a law firm on a "limited retainer". They provide advice but, your "ex" is driving the litigation and response. They just put the content of your ex's on their letter head.

Limited retainers are a bad idea. It means that the solicitor of record takes no responsibility for their conduct in the matters and will just pass along whatever garbage they get at times. The good news for you is that if you have properly retained counsel your counsel will be prepared, understand your case and how you want to proceed. This really plays out in motion arguments and at trial.

A "limited retained" solicitor walks into the motion argument cold. Judges can sniff them out fast and any good solicitor can eat them alive on oral arguments because they are familiar with the case and your theory of the case.

Avoid limited retainers. A lot of lawyers push them to get clients but, when the sh*t hits the fan they are useless.

PS: Beware of solicitors who ask you to sign 5 page retainers. Usually they hire "troubled" clients who get them into trouble. The 5 pages basically absolve them of their responsibilities to their client.

More on "limited retainers":

http://documents.jdsupra.com/70495fe...52b5b4ee24.pdf

Good luck!
Tayken

Last edited by Tayken; 08-11-2011 at 08:49 PM. Reason: More information...
  #4  
Old 08-14-2011, 09:57 PM
charlieb charlieb is offline
Junior Member
 
Join Date: Jan 2011
Posts: 22
charlieb is on a distinguished road
Default

Thank-You,

That makes alot of sense to me as reading thru a copy of his defense there is so much false about it and no documents to back up any claims..its a mess really as there are contradictions all over the place. I was wondering what kind of lawyer he has to not have her s*** together.. but seeing the above reponse speaks volumes as its obvious they do not care what they are passing on on his behalf...as for myself I have retained my lawyer and para-legal and will continue to do so.
Thanks for the explaination!... court is now going to be so much fun!.. if he shows up
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
First Post from my world BeenThereTwice Introductions 12 10-29-2011 02:55 PM
What is 'primary residence' is a joint custody arrangement? Pharah Divorce & Family Law 3 07-15-2010 06:26 AM
Spousal Support - agreement to a minimum term noblefather Financial Issues 1 04-30-2010 12:38 PM
Short Term Common Law - the other side TraceyMac Common Law Issues 5 05-10-2009 05:14 PM
Short term common law DB26 Common Law Issues 7 05-09-2009 11:16 PM


All times are GMT -4. The time now is 05:16 AM.