Contacting the Other Lawyer

[PundaSmith]

Hi,

Good Morning everyone. As I indicated in my previous emails, a settlement conference date has been set by my ex's lawyer. It is next week. However, I have not yet received any briefs from them.

I recently decided to represent myself, so I served her a notice of change in representation last week. I called her today to find out whether she has received it. She acknowledged receipt but indicated that she wants to talk to me later this afternoon.

I plan on not saying much since I have not received their offer. But assuming she asks me how I want this case settled, am i under any obligation to disclose my offer/terms? I just want to tell her that I will respond to all offers in writing. Would that be a good answer. I am just being cautious in not disclosing too much on the phone regarding my offer plans or welfare of the children (who are now in my care). What would you suggest?

thanks - Punda

 

[logicalvelocity]

Punda,

Its a good strategy. However, keep in mind that your offer to settle if contained in a Settlement brief is not treated as a valid offer to settle when costs of the cause is assessed by the court if the matter moves to trial.

Send them an independent offer to settle separately (by fax or registered mail).




lv

 

[independentgal]

I would not get into the habit of phone contact with the lawyer. I had a bad bad experience the last conversation with my ex's lawyer, and he browbeat me about all issues, not the ones at hand.

I assumed he was making a log of the requests for information etc. to use against me- and I was right!

 

[PundaSmith]

thanks very much

thanks very much

Yes, I agree with your thoughts. I will be careful about him.

rgds, Punda