Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 09-13-2021, 02:07 AM
gmcode gmcode is offline
Member
 
Join Date: Aug 2021
Posts: 61
gmcode is on a distinguished road
Exclamation 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!
Reply With Quote
  #2  
Old 09-13-2021, 08:26 AM
Stillbreathing Stillbreathing is offline
Senior Member
 
Join Date: Dec 2014
Posts: 653
Stillbreathing will become famous soon enough
Default

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.
Reply With Quote
  #3  
Old 09-13-2021, 09:07 AM
cleanSlate cleanSlate is offline
Member
 
Join Date: Feb 2021
Posts: 79
cleanSlate is on a distinguished road
Default

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.
Reply With Quote
  #4  
Old 09-13-2021, 09:13 AM
gmcode gmcode is offline
Member
 
Join Date: Aug 2021
Posts: 61
gmcode is on a distinguished road
Default

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.
Reply With Quote
  #5  
Old 09-13-2021, 09:50 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,244
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

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?
Reply With Quote
  #6  
Old 09-13-2021, 10:41 AM
Brampton33 Brampton33 is offline
Senior Member
 
Join Date: Feb 2021
Posts: 200
Brampton33 is on a distinguished road
Default

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.
Reply With Quote
  #7  
Old 09-13-2021, 10:56 AM
gmcode gmcode is offline
Member
 
Join Date: Aug 2021
Posts: 61
gmcode is on a distinguished road
Default

Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?
Reply With Quote
  #8  
Old 09-13-2021, 11:24 AM
Brampton33 Brampton33 is offline
Senior Member
 
Join Date: Feb 2021
Posts: 200
Brampton33 is on a distinguished road
Default

Quote:
Originally Posted by gmcode View Post
Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?
For me, at stake was time with my kids, and I felt that was too great a risk to not be represented legally or to skimp out.

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.
Reply With Quote
  #9  
Old 09-13-2021, 01:08 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,244
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Quote:
Originally Posted by gmcode View Post
Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?

You will still need independent legal advice to sign the agreement. Plus if a judge doesnt 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.
Reply With Quote
  #10  
Old 09-13-2021, 01:17 PM
gmcode gmcode is offline
Member
 
Join Date: Aug 2021
Posts: 61
gmcode is on a distinguished road
Default

If both parties will drop the case after come to a settlement, the dispute solved out of the court, does it still need to go thru the court approval?
Reply With Quote
Reply


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 On


Similar Threads
Thread Thread Starter Forum Replies Last Post
How to Positively Communicate with EX-wife first timer Parenting Issues 1 07-04-2009 08:15 AM
Need help for a response to the other side selfrep Divorce & Family Law 1 10-07-2008 11:54 AM
CC - what side of court room? TODivorce Divorce & Family Law 2 08-01-2008 03:20 PM
We have heard from the 'other' side..... jlalex Divorce & Family Law 3 11-17-2006 09:07 AM
Custody for failure to communicate brokendad Divorce & Family Law 2 08-31-2006 05:45 PM


All times are GMT -4. The time now is 09:19 PM.