wtf?? Can they DO that? On what grounds was it postponed????
Discovery not completed. Discovery to be completed. My lawyer not in opposition.
I informed him that I expected him to file a motion for sanctions for failure to comply with a court order and motion to compel discovery.
He keeps arguing with me or trying to talk me out of it. I'd imagine my W is being difficult and her attorney is asking mine for more time to reason with her to settle out of court. I'm not interested in settling out of court.
"You can't reason someone out of a position they didn't reason themselves into."
But he works for YOU. If YOU are in opposition, how can he NOT be???
You seem upset; abrupt. Are you okay??
Puppy
I'm doing fine I suppose. Ultimately I've put him on the spot and given him until next Wednesday to have a doctor chosen and an appointment made or else to file that motion.
There is evidence/etc. that still needs to be filed. I guess we will at least have transcripts in evidence, more time to prepare, all that sort of stuff.
This delay may have needed to happen evidence-wise - but I don't intend for them to cover up the professional misconduct.
It is frustrating... but the day before my Bible verse was from Malachi 2, regarding God making you one, hating divorce, etc.
I just don't know. My anniversary was actually Wednesday but I didn't even notice...
I don't know how to feel. I'm just sort of numb about everything right now.
D1 was doing well this morning. Another little girl was sitting in a swing drinking a bottle, and D1 walked up and started pushing the swing back and forth for the girl. The girl dropped a blanket and D1 went "uh oh" and bent over, picked it up, and continued rocking the swing.
She was dressed nice. I think ultimately W and I will not be able to communicate effectively outside of the courtroom. Ever since she admitted to her affair she has not been willing to communicate.
Trial: 68:22:34:30
"You can't reason someone out of a position they didn't reason themselves into."
[quote=Puppy Dog Tails] My attorney pretty much refuses to answer how my motion would hurt my case at this point. Something screwy is going on - and it is blatantly obvious.
I was a legal secretary for a couple years. Continuances are pretty standard from what I've seen. Very much expected. My D has been going on for over a year now and we still haven't set a final hearing yet. If yours has been less than a year, that's prob. why the L doesn't seem stressed about it.
In what way do you think waiting the extra month or 2 will hurt you? If not, then I would just wait and take the extra time to work on healing and getting healthy and letting your L have extra time to work on your case. Karen
[quote=Puppy Dog Tails] My attorney pretty much refuses to answer how my motion would hurt my case at this point. Something screwy is going on - and it is blatantly obvious.
I was a legal secretary for a couple years. Continuances are pretty standard from what I've seen. Very much expected. My D has been going on for over a year now and we still haven't set a final hearing yet. If yours has been less than a year, that's prob. why the L doesn't seem stressed about it.
In what way do you think waiting the extra month or 2 will hurt you? If not, then I would just wait and take the extra time to work on healing and getting healthy and letting your L have extra time to work on your case. Karen
It does not seem to be getting worked on. The Judge ordered the two attorneys to pick a doctor and have the evaluation completed by July 13. For 60 days her attorney did absolutely nothing except say she didn't like the doctors we had without reason.
Now that I'm requesting a Motion to Compel/Motion for Sanctions my attorney wants to argue that he is "saving me money" by not doing so.
"You can't reason someone out of a position they didn't reason themselves into."
I got on the phone with a representative from the State Bar Association and another attorney. Miraculously my attorney was kissing my butt and offering to file exactly what I've asked from here on out.
"You can't reason someone out of a position they didn't reason themselves into."
LOL, DC, you remind me of that scene in the movie "Thief," with James Caan and James Belushi. Have you seen it? Great movie . . .GREAT shots of Chicago. Anyway, Caan has one of the alltime great movie lines in it:
"I . . . am the last guy in the world . . . that you want to F*&^ with!"
Haven't seen the movie, but you did post a link to the audio file in one of my other threads.
The evening after the continuance I sent my attorney an email directing him on exactly what I wanted to happen.
Yesterday morning I contacted the Bar and asked to speak to someone about a "lawyer's responsibility to his client."
I gave a short synopsis of the situation, explained that I believed opposing counsel was flagrantly violating the Rules of Professional Conduct and I had informed my attorney of that fact. I explained that she was violating a court order, my attorney knew about it, but was protecting her from the Judge.
I asked if my attorney was required to follow my instructions for a Rule 37 motion for sanctions for failure to comply with a court order.
The guy said no. He said I could discharge my attorney or he could discharge me if there was an obvious conflict.
Then he asked who was representing me, and told me it was confidential. I gave him my attorney's name, and asked if I could file a complaint against opposing counsel.
He said "You can file a complaint and/or complaints any time you wish."
I then got a referral to a different attorney, and told her the same situation. Asked her if she could finish off a case that I had prepared. Told her my name, what my problem was, etc.
About 4:30pm yesterday afternoon my attorney was singing a completely different tune than he was the day before - assuring me that he works for me because I pay the bills and he isn't representing opposing counsel's interests over mine.
Uh huh...
So we had a conversation and I asked him if it was a problem to file what I wanted. Other than saying it may be "a little early" he says that it is in fact warranted based on my observations. So yeah...
Apparently W's attorney was screaming at him "like a child" that "You need to control your client!" and "Is he threatening me?" and "Do you do everything your client tells you to do?"
I suppose I should send her a condolences card for spoiling her vacation.
"You can't reason someone out of a position they didn't reason themselves into."
