Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
In a nutshell, if opposing counsel isn't responding: Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse. Wait a reasonable amount of time. To be safe, get a court order authorizing direct contact.
A number of reasons can cause this. Your spouse may want to delay things for financial gain. Your spouse may not want the divorce or simply wants to drag it out to punish you. Your spouse may just be difficult and cannot handle the process amicably.
There Are Many Reasons for Delays They might think there is still a chance the marriage can be repaired, or they may be experiencing anxiety about what their life will be like once they are no longer married. If both parties feel there is a chance the marriage can be saved, there are steps that can be taken.
Five More Ways to Irritate Opposing CounselBeing a Technophobe. Yeah, old-timer. ... Not Returning Calls. This goes without saying: pick up the dang phone and return a call. ... Abusive Discovery Dump. We asked for credit card statements. ... Inflexibility. ... General Hard*** (Catch-All)
8 Tips for Dealing with Difficult Opposing CounselPoint out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
Narcissists feel superior to others and have very little capacity for empathy. This makes them extremely problematic to deal with, especially during a divorce. You do not have to be a victim of your narcissistic spouse.
5 Tips for How to Deal with a Narcissist in a DivorceDon't Engage. Narcissists love to argue and get you to acknowledge that they are right. ... Shield Your Kids from the Conflict. ... Don't Expect Mediation to Work. ... Document Everything. ... Be Prepared to Explain Narcissism to the Judge.
Here are 7 steps to take to survive a divorce with a narcissist.Keep yourself clean by steering clear of mudslinging. ... Communicate with your ex only through lawyers. ... Anticipate your ex's charms will work on the court. ... Document everything you can as accurately as you can.More items...•
There is no deadline on divorce, so your spouse could delay the process for months and even years depending on the circumstances of your situation. However, you don't have to sit around while your spouse takes their time. With the help of a lawyer, you can request a court hearing to address these issues.
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
Knowing that you are able to move on without their influence can be unbearable for them. They crave your dependence and loyalty above all else. Without you, they will feel the need to act in an aggressive or jealous manner. This can make a simple divorce case quickly turn into a drawn out affair.
There is no deadline on divorce, so your spouse could delay the process for months and even years depending on the circumstances of your situation. However, you don't have to sit around while your spouse takes their time. With the help of a lawyer, you can request a court hearing to address these issues.
Spouse Doesn't Want a Divorce - What Can I Do?The First Step Is to Seek a Lawyer's Help. ... Serving the Papers. ... The Separation. ... Meet with a Lawyer. ... The Divorce Petition. ... Divorce Publication. ... Legal Support to Proceed with a Divorce When the Other Spouse Does Not Want to.
One can even seek Divorce when the other party is not willing to give divorce. This is a Contested Divorce and a petition for the same can be filed in the Court having appropriate jurisdiction. Thus, you do not need the consent of your spouse to file a Divorce Petition in the appropriate Court.
If your spouse does not agree to leave the house, the only other ways to remove them from the house is through legal action, either by calling the police, applying for a protective order, or divorce. You cannot otherwise evict your spouse from their homestead.
Divorce is a complicated and emotional time. You often make mistakes during your divorce that you pay for in the future. Here is a list of the 9 things you should never do during a divorce: 1.
Your attorney is not your therapist, although I play one on t.v. I always tell clients I will talk to you as long as you want, but don't be surprised when you get the bill.
4. That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.. One of the best and simplest ways to do that is to start a divorce file.
My divorce was filed in Oct. 2007 and until now, it has not been finalized yet. I kept sending e-mail to my attorney but he just keep saying it will be over soon.
Nothing upsets an opposing counsel more than a calm and collected lawyer. A relaxed lawyer who is not overwhelmed with emotion is less likely to make mistakes in his case.
One way opposing lawyers distract their opponents by filing incessant motions to frustrate a matter. Some lawyers are easily distracted by allowing every issue raised by an opposing lawyer to become a dispute. While it is essential to react to some motions, learn to ignore harmless ones.
Calm lawyers are usually the most efficient because they do not allow their emotions to becloud their sense of reasoning. Nothing upsets an opposing counsel more than a calm and collected lawyer.
A difficult opposing counsel is every legal practitioner’s nightmare. Even judges dread the thought of presiding over matters involving a difficult lawyer. Their fears are understandable. Difficult lawyers seem to have a penchant for employing unethical tactics to win a case. According to some lawyers, dealing with a difficult opposing counsel is ...
To be proactive, lawyers must have a plan of action and anticipate the next move of the opposing counsel, just like in a chess game. By preempting the moves of the lawyer on the other side, you will avoid delays caused by your opponent’s delayed actions.
The reason many lawyers are uncivil and aggressive comes from the desire to please their clients. There is certainly a popular misconception by the public that lawyers who are difficult and aggressive are the ones who can bring in results.
Follow the Laws, Rules, and Procedure. By following the law and sticking to the rules of procedure, you will be able to control errant opposing lawyers. Knowing the law, rules, and procedure is a good technique in checkmating some of the antics of difficult lawyers. Make use of the laws and rules of procedure to stay ahead ...
Whether you talk to a therapist on your own or attend marriage counseling, talking to a professional about the problems arising in your relationship is one way to delay your divorce and help you figure out what it is you and your spouse really want. Some states will grant a continuance putting the divorce on hold for a number of days if it looks like there’s a possibility of reconciliation.
If you think your spouse is attempting to delay your divorce, a good attorney will help you balance out those attempts with, for one, motions to deny their repeated cancellation requests and other tactics. Your attorney will help you prove that you have made every effort to notify your husband of the divorce proceedings and come to an agreement, and the judge will be able to use this evidence to waive his rights to a trial.
Divorce professionals recognize when someone isn’t acting in good faith, and in many states, this is when attempts at delaying divorce start to backfire. They might continue on with proceedings without you, and in the end, your husband will get much of what he wanted in the first place.
People look for new attorneys for a lot of reasons. Sometimes they just want someone who’s more aggressive. They do not feel well represented, or maybe they don’t feel understood or heard. When you or your spouse changes attorneys, you can be granted a continuance and divorce proceedings are placed on hold.
But if you’ve already seen a therapist (possibly even more than once) or your husband isn’t receptive to counseling, then it becomes clear that no amount of talking is going to help your marriage. These conversations quickly devolve into attempts at figuring out who to blame, and solving that is nearly impossible and almost always pointless.
Once you have diligently tried to set up a mutually agreeable time for the deposition to no avail, you can unilaterally set the deposition. Be prepared for some game playing after you do so, but at least you are setting up the right to compel the deposition...
Assuming you have not, you should just unilaterally set a deposition date, and then serve the Notice of Taking Deposition. If the deponent fails to appear, then you can file a motion to compel attendance at deposition. However, without having first served the deposition notice, you cannot file such a motion...
You don't indicate whether or not you've already noticed the deposition. Assuming you have not, you should just unilaterally set a deposition date, and then serve the Notice of Taking Deposition. If the deponent fails to appear, then you can file a motion to compel attendance at deposition.
If a spouse wishes to delay the divorce, he or she may suddenly go against a verbal agreement, causing new issues to arise. 4.
If you'd like to talk about how to navigate the divorce process, or to learn more about different tacitcs to makes the most of your challenges schedule a consultation or please call us today at 425-460-0550.
Further, if your spouse appears at the default hearing, the judge may give him/her time to file the responsive pleadings and may decline to rule on the divorce at the time.
1. Abusing the discovery process. It is normal for both sides to ask for evidence during the divorce process, but some spouses may drag out your divorce by filing excessive requests and motions. Suddenly, you are asked to produce huge amounts of information, bringing the process to a crawl. 2.
After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days. There are many other factors that may slow the process, so make sure you work with a family law lawyer to address any challenges that arise.
Divorce is difficult enough when your spouse isn’t continuing to play games and control your life. At the Law Offices of Molly B. Kenny, our Seattle divorce attorneys will work with you to get your divorce settled quickly and justly. For more information, call us today at 425-460-0550.
But in other cases, one of the spouses is unwilling to accept the end of the marriage. It doesn't mean that a divorce isn't possible, but it does complicate things and can draw out the process longer.
If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.
While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.
That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.
Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.
An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.
Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.
There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.
That’s what we do with everything else. If a plumber fixes your sink, then it acts up again and again, you DON’T KEEP having them work on it.
You should sue for undisclosed conflict of interest. At the very least, file a complaint with the State Bar Association or whoever it is in your state that hear s such things. Seriously. CLAIM DAMAGES.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
Absolutely ! Most have no idea that here in the USA, we do not own our attorneys when we hire them. Attorneys are agents of the court. In essence, we only rent attorneys to represent us in our legal matters. An attorney’s (demanded) allegiance is always to the court first. The client and his/her interests come dead last. The BAR Association (British Attorney Registry) demands that each attorney collude and work for the court. A “client’s best interest” is only a phrase used by attorney’s to catch more clients and make more cash. Attorneys make great actors, they need to be good actors as in many court rooms, they are only acting a part where the script has already been written.
Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.
A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.
11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.
If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.
Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.
A lawyer’s dishonesty is a serious red flag. An attorney who lies to opposing counsel or a judge won’t hesitate to lie to you.
It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.