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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
09-13-2021, 02:07 AM
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Can I communicate with the layer on the other side
Hi,
Can’t get a hold of my lawyer, or my layer is only interested moving the case to court. can I communicate with lawyer on the other side directly to settle the case? Thanks! 
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#2
09-13-2021, 08:26 AM
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If you do that while represented your lawyer may dump you as a client. Direct your own lawyer to help you draft an offer to settle and send it to the other side.
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#3
09-13-2021, 09:07 AM
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The other lawyer is not allowed to engage you in communications while you are represented.
Your lawyer may find it hard to dump you. Apparently it isn't easy but they may try to convince you they can. If you ex doesn't want to talk to you then leave it at that. They can pull all the strings of their lawyer and their lawyer has to follow their direction. You can direct you lawyer to send a letter for you. We really don't know your situation or your lawyer, they may be doing you good this way.
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#4
09-13-2021, 09:13 AM
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Yes I did direct my lawyer to revise the offer the other party made, and work with the other party lawyer to finalize it. but my lawyer said he has to do an analysis before drafting an offer, and asked a whole bunch of financial info, which I don’t think necessary, I know what I want to settle the case, what shall I do? Fire the lawyer? Thanks.
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#5
09-13-2021, 09:50 AM
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He does have to do an analysis to go along with the “independent legal advice” clause in the agreement. Not to mention he is paid to protect you. By telling you he wants to do a review it means he is doing a risk analysis which in the end will BENEFIT you. He is working to protect you and his hesitation tells me that your offer is not a good idea or puts you in a bad position.
If you are going to voluntarily make bone headed decisions, why bother asking us or even paying a lawyer?
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#6
09-13-2021, 10:41 AM
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Your lawyer has an obligation to fully serve you when you hire them. That means you are paying them to give you their best advice and represent your interest. His/her job is to review and analyze ALL the materials presented to you and prepared by you and give his/her advice on what to pursue, what not to pursue, and what is not worth it, etc.
Even though I knew my draft separation agreement by heart, my lawyer still insisted on meeting with me and walking it through line-by-line before I signed it. She did that as part of her due diligence, and I had no problem with that as that is their job to ensure I know exactly what I am signing, what I am gaining, and what I am giving up, and how much further court proceedings (including trial) would cost. Remember that you are not your lawyer's only client. What is pressing to you might not be pressing on his/her calendar. You think your lawyer may need to act on your matter immediately, meanwhile, for all you know, they might be prepping for an emergency motion to have a child returned from a withholding parent.
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#7
09-13-2021, 10:56 AM
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Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?
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#8
09-13-2021, 11:24 AM
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Quote:
Moreover, I have friends who work in the court system. I have been told that it looks better, even if its just for optics, to be represented by a lawyer. The courtrooms are backlogged beyond belief. Some judges really dislike self-reps going in, not knowing what they're doing, and wasting valuable court time. Having a lawyer shows the judge you are serious about resolving your case properly and expeditiously.
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#9
09-13-2021, 01:08 PM
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Quote:
You will still need independent legal advice to sign the agreement. Plus if a judge doesn’t agree and sign off you will need a lawyer. Your best bet is to stop being so impatient and anxious and do what your lawyer says.
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