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  • lawyers vs self represented

    Hi All, I am new here, and have a question. My ex has a lawyer, I am self represented. I have filed a notice of family claim, have gotten the response to, and then filed the response to counterclaim. My question is this. Every time there is something new filed, I have to go to the courthouse to look at my file and see what it is. this results in me missing work to make the trip (it's quite a ways away) and then also the trip, of anything i file, i have to drop off at her lawyers office. I am ignored. I have sent a letter to her previous lawyer stating i'm willing to negotiate, and I received a response that they were working on response to family claim and to the separation agreement draft i sent. that was two months ago. Since then she has changed lawyers, and I have sent her new lawyer a letter saying that i'd like to negotiate...that was three weeks ago and I have heard nothing, not even a note to say she received it. I feel like i'm at a standstill. sorry, got sidetracked...question is, why will the lawyers not talk to me? is it because im self represented? i feel like i'm doing all the leg work, im missing work, and i'm communicating but getting nowhere. I'm willing to give her lawyer the benefit of the doubt and give her another week, maybe she's really busy. But if after the week goes by and I still have not received anything, should I write another letter (can't email, haven't been given her new layers email) asking to negotiate, or asking for a response, or do i schedule a jcc? I'm not sure what to do. I just want to keep the ball rolling. thank you for your help.

  • #2
    have you set a time limit for a response in your letters? If you know who her new lawyer is then maybe contact the office manager and ask for an email address?

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    • #3
      no, i haven't set a time limit. I guess I should have. I didn't think to call the office, because i figured they wouldn't just give out her email address to anyone..but perhaps your right. i'll call tommorrow. I was hoping to hear something on the negotiation front because right now we don't agree on ANYTHING. prior to this, there has been alot of harassment on her end, so i am just trying to keep playing fair. the judge would see easily that im the sane one here. I'm not sure how much i should push because she's been really volitile in the recent past. I just want this to be done, but i want her to be agreeable. It just seems like she just gets angrier when i try to move it forward, but i dont want this hanging over my head for years

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      • #4
        I would make a settlement offer give them a deadline to get back to you. You may have to push a bit if the other party isnt willing to get this done and over with.

        Are there kids and/or property involved?

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        • #5
          there is property involved but no children. it seems pretty straighforward, except for all the underhanded tactics by her in the beginning. up until now, it's just been me proving all the claims she made were false, which i was able to do. all i've been doing is defending myself up until now. I would just like to see the actual case get moving now, instead of constantly deflecting all the rubbish she has claimed.

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          • #6
            why will the lawyers not talk to me?
            The lawyer may have been instructed not to respond to you by your ex. One advantage of self reps is the ability to use their time to burn their ex's money through the lawyer. Instructions to the lawyer not to read or respond to correspondence is one way to address that.

            can't email, haven't been given her new layers email
            If the lawyer isn't working out of the back of a van, their e-mail will be available online.

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            • #7
              the only email avail online is the reception. because of privacy issues i'm not wanting to use that one. but i guess if i identify myself and ask, i may get it. So is what your saying that it works to my advantage if they don't respond? or if she tells the lawyer not to respond to me?

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              • #8
                does the lawyer have a website or something? Just use a google search to see if you can find anything

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                • #9
                  i did, thats all the info i got. the lawyer seems locked up tight. I'm hoping getting ahold of the reception will work if i explain who i am. I just don't want to set my ex off again. Shes probably feeling pretty embarassed that her lies were outed. i'm worried her anger will make her do something more rash. before anything can be done, the protection order she had put on me based on lies needs to be lifted.

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                  • #10
                    how can you get a protection lifted when it's been put in place based on lies that have been proven. would a judge overturn it, or is this going to require alot of jumping through hoops?

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                    • #11
                      need more details like how long ago was it, for what and history

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                      • #12
                        it was in april, and it was a knee jerk reaction to having her served with the notice of family claim. she didn't want me on the property, so she suddenly concocted all these reasons she was scared of me, that ultimately were proven to be false, to keep me from being able to access the property. I'm guessing she was trying to further her claim to the property by trying to show that i wasn't helping maintain it. which again was disproved.

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                        • #13
                          Originally posted by OrleansLawyer View Post
                          The lawyer may have been instructed not to respond to you by your ex. One advantage of self reps is the ability to use their time to burn their ex's money through the lawyer. Instructions to the lawyer not to read or respond to correspondence is one way to address that.


                          If the lawyer isn't working out of the back of a van, their e-mail will be available online.
                          What about rules of professional conduct? Don't you think it would contradict what rules said ?

                          WD

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                          • #14
                            What about rules of professional conduct? Don't you think it would contradict what rules said ?
                            Which rule or rules?

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                            • #15
                              Originally posted by OrleansLawyer View Post
                              Which rule or rules?
                              In its statement of principles on SRLs and accused persons, the Canadian Judicial Counsel has advised counsel as follows:
                              Members of the Bar are expected to be respectful of self-represented persons and to adjust their behaviour accordingly when dealing with self-represented persons, in accordance with their professional ethical obligations.

                              (Canadian Judicial Counsel, “Statement of Principles on Self-represented Litigants and Accused Persons” September 2006)

                              Rule 6.01 of the Rules of Professional Conduct require that counsel shall be courteous, civil, and act in good faith with all persons with whom counsel has dealings in the course of his or her practice, which includes SRLs.

                              Rule 6.01(2) of the Rules requires that counsel consent to reasonable requests concerning trial dates and adjournments, provided that the requests do not prejudice the rights of the client.

                              Rule 6.01(3) requires counsel to avoid sharp practice.
                              Counsel should advise a self-represented party if she or he has made a procedural error, and advise his or her client that s/he cannot rely on that error.
                              Taking advantage of a SRL‟s error is reportable. 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. On the other hand, counsel must ensure that his or client‟s interests are not being prejudiced by accommodating the self-represented party‟s request to delay the resolution of the matter.
                              Did I misinterpreter those wise words?

                              Comment

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