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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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Old 06-04-2009, 08:08 PM
frustrated11 frustrated11 is offline
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lawyer of record. If I ahve recieved documentiobn from my ex that now has a new lawyer on it but I have not been notified in writing that this lawyer is now representing them, what are my actions. It has been 5 business days and I have nothing from anyone stating that they are the lawyer of record, but the court documents have a lawyer's information on it
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Old 06-04-2009, 08:34 PM
2boys 2boys is offline
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I would think a notice in change in representation would have been filed with the court. You should have been notified accordingly.
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Old 06-05-2009, 12:47 PM
#1StepMom #1StepMom is offline
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In my experience, your ex should have filed with the court the information of her lawyer, and her lawyer should have notifed you in writing or in person (phone call) that they will be representing your ex. If you haven't been notified AND nothing has been filed with the court by your ex or the lawyer, then you proceed as if she were self-representing. That is what the court clerks told my husband and I when we were in a similar situation.
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Old 06-05-2009, 12:50 PM
#1StepMom #1StepMom is offline
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On this topic... my husband and I now face a similar "opposite" situtation where my stepson's mom has informed us that she plans on dismissing her lawyer of record, sometime next week. In two weeks were are to serve and file paperwork for our upcoming conference. Who do we serve?

Do we serve the lawyer unless we receive official confirmation from him or from the court indicating he is no longer representing my stepson's mom... or do we serve the mom directly if she informs us that she has let her lawyer go?
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Old 06-06-2009, 10:20 PM
frustrated11 frustrated11 is offline
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when we no longer could afford our lawyer, she sent a letter to the ex informing her that we had no prepresentation. on the flip side when the ex lost her lawyer, she informed us in writing. I would call the court office and see ask if there is a letter in the court file stating that..so and so is no longer lawyer of record for the other party. The again to be safe, serve her and the lawyer
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Old 06-07-2009, 06:18 PM
#1StepMom #1StepMom is offline
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I just read in the Family Law Rules that if a party wishes to retain a lawyer (a new lawyer or a change in representation) or if a party wishes to represent themselves... they need to file with the court a Notice of Change in Representation (Form 4) and serve the form on the other party before they can request for the other party to forward any paperwork to them instead of to the lawyer of record. Each party is required by law to serve the necessary paperwork on the lawyer of record (or on the party if they are/were self-representing) unless they are served with Form 4 informing them to do otherwise.
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Old 06-08-2009, 12:45 PM
independentgal independentgal is offline
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If you went to the courthouse and saw a notice of change of representation then in the same tab of the continuing record there has to be an affidavit of service showing how they served you.

If it has been "considered" served then the lawyer on the notice is in fact the lawyer of record. Maybe they sent it to your address on your information at the courthouse. This is considered served even if you moved but have not changed yoru info with the courthouse.
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Old 06-08-2009, 06:57 PM
frustrated11 frustrated11 is offline
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there is no notice of change in the continueing ile, the only there is from our lawyer when we could not longer afford him, also there is no affidavit station we have been served with the change. The only things filed from the other party is the ansswer to the motion along with an affidavit with the new lawyer on those forms,

so now I just proceed as if there is no lawyer on record and serve the ex when it is time
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Old 06-09-2009, 09:50 AM
independentgal independentgal is offline
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You can serve documents personally to the other party in cases like if you were bringing a contempt motion against your ex. Even if they have a lawyer, you MUST serve them personally with the documents as a motion for contempt can carry a penalty of imprisonment.

Just an interesting aside. I also would think that you can serve the other party by all means regardless if they have a lawyer or not.
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