Opposing lawyer has Pro Se bias. Legal??

[freeman68]

I'm Pro Se in a divorce in New Hampshire.

The Respondent's (opposing) lawyer had 58 instances of communications with my previous lawyer over a 4 month period. He has contacted me just once in two months to demand I sign a release or else he'll file a motion (he was bluffing). He refuses to answer the 6 letters that I have sent to him including my pleading for him to offer even a single proposal to end the divorce proceedings.

Is that legal? Ethical? I will probably file a complaint here in New Hampshire with The Attorney Discipline Office of the Supreme Court.

Any advice at all is welcome.

Thanks,
Rob

 

[BelizeBreeze]

You're funny. Why should he answer you and do your job for you? If you can't handle your own case don't you think it's painfully obvious to him?

Either get a new attorney or go to law school.

 

[freeman68]

Maybe

Perhaps you are correct but maybe not.

My offer to begin with was to give her $40,000 more than she'll get now. Now I'm becoming vindictive. Yeah, he's a great lawyer.

I had two lawyers. They cost me $14,000 and well, let's just say that was wasted.

 

[faithnlve]

I'm Pro Se in a divorce in New Hampshire.

The Respondent's (opposing) lawyer had 58 instances of communications with my previous lawyer over a 4 month period. He has contacted me just once in two months to demand I sign a release or else he'll file a motion (he was bluffing). He refuses to answer the 6 letters that I have sent to him including my pleading for him to offer even a single proposal to end the divorce proceedings.

Is that legal? Ethical? I will probably file a complaint here in New Hampshire with The Attorney Discipline Office of the Supreme Court.

Any advice at all is welcome.

Thanks,
Rob

I am not an attorney, but I have been pro se in a divorce hearing. Her attorney does not need to contact you. He will file motions and the courts will inform you. I see you requested a proposal to end the divorce proceedings. Are you contesting this divorce? If so, her attorney will not respond to that request unless his client wants him to. Also, waht is this release he is asking for you to sign?? Be wary, attorneys whom know you are going pro se like the power they have over you. Do not sign anything you do not agree with, ever, unless it is court ordered. What you need to do is call the court house and find out what motions you need to file in the courts and what her attorney has filed. Go and get all copies. Request all motions filed by her attorney are sent to you. If they are not then let the court know. (Many courts also have pro se classes available to you for divorce proceedings). How it usually works is a party files for seperation, there is a divorce hearing usually after being apart for six months,the judge rules on evidence given, child support can be ordered if you have children together. Make sure you have all your income available. When you do go to court, DO NOT EVER interrupt the judge or the other parties attorney while they are speaking, STAND UP when speaking to the judge while giving your version, and stand up to say "I OBJECT" if her attorney and you disagree on a statement he makes which is untrue or hearsay. ( Hearsay is when it is information of any kind from a third party and that third party is not there. Always object to hearsay, they have to have proof). Good luck Faith

 

[BelizeBreeze]

Perhaps you are correct but maybe not.

My offer to begin with was to give her $40,000 more than she'll get now. Now I'm becoming vindictive. Yeah, he's a great lawyer.

I had two lawyers. They cost me $14,000 and well, let's just say that was wasted.

And this is important why? I would not answer any of your correspondence once I knew you'd be handling your own case. I like winning too much.

Have a talk with your client. He's a fool.

 

[You Are Guilty]

If disliking pro se plaintiffs was prohibited, I would have been disbarred years ago.

However, one rule which remains in effect even for pro se's is that any papers the opposing side files with the court must also be sent to you as well. You may need to file a formal notice of appearance (each state is different), but you are entitled to your copy of everything the file. Of course, the same holds true in reverse - you need to serve the other side with anything you file too.

 

[freeman68]

Thank you Faithnlve and You Are Guilty.

My case has been ongoing since march. I've had two temporary hearings scheduled and both concluded with me signing a document that ensured I paid my wife more than I can afford. I fired the lawyer I had at the time, immediately after each of the hearings.

They resulted in declarations though, that the divorce would be based on irreconcilable differences and that a guardian would be retained to look after the interests of my two children. While the Guardian was proposed by my wife, I thought it was a good idea. That was September 2nd. 60 days passed and their side would not cooperate with their own selected and appointed GAL. That forced me to file a motion to enforce. My wife's attorney submitted a totally fabricated set of responses and finally, after 30 more days, the court has ruled in my favor and ordered them to comply. The fact that this attorney just ignores me baffles me. I mean, even if he were told not to respond, isn't he in some way supposed to have a system of ethics that seeks the quickest and most fruitful resolution for his client?
I've asked ahead of time for a Thanksgiving time to call my kids. = no response.
I've asked to shovel her (my house) driveway when it snows so that she and the kids are never blocked in. = no response.
I've asked for either Christmas Eve or Christmas Day visitation as they do not fall on my days. = no response
I've pleaded for a single proposal from their side on how to end this divorce. = no response.

My next motion will be to force my soon-to-be-Ex to get a job. She has a Master's Degree, is a healthy, 34 year old, and never had a job. Her lawyer does not respond to that either and instead asks me for more money. Also, it's been 6 months since the first court hearing told her to sell the house within 30 days. It's not even on the market yet. I haven't pushed these issues because I was trying to be patient.

I have not been disrespectful and I do not want to be Pro Se. I'm a master toolmaker and I wouldn't want a lawyer trying to pretend he is one of those.

The one request he has sent me was for a new release to talk to my shrink! I guess the old release that I gave him 6 months ago wasn't enough time for him to act on it. I canceled the release after he declared our divorce as being from irreconcilable differences. I told him that he could have the release if he gives me a single reason why he needs it.

I just want what is fair. Fortunately, the court clerks in NH are very helpful. They cannot give advice but they can answer any question that I have.

Thank you for the court room behavioral tips. I know that I have a mountain to climb but I finally have a sense that I'm doing the right thing here.
Rob
Thank you to you too, Belizebreeze! Believe me, you inspire me!

 

[maidao2001]

Hang in there, you are doing the right thing...

Dear Freeman,

I understand your frustration, and support what you are doing 100%. I hired supposedly one of the best - high profile, acts as a probate referee etc. to represent me as benificiary of my father's trust that I had to fire. I was so agregiously ripped off I found an attorney in another county who is willing to sue the guy for malpractice on a contigency basis.
I have a deposit with a probate lawyer now for his invaluable advice only, he does not formally represent me. I have been doing exactly what he tells me to do. The opposing attorney I guess is stupid enough to actually believe I am doing everything on my own without advice, and clearly his communication communicating with another lawyer vs me has gone from day to night. His behavior towards me would result in disciplinary action if he was my lawyer. The State Bar has informed me there is no complaint process for how another party's lawyer behaves towards me out of court, however I was told I should bring up his behavior to the judge when at hearing, and then the judge will do something, which can be alerted to the state bar if they are disciplined by the judge.
The judge does want everyone to get a fair hearing. When you represent yourself pro se he will, to a certain extent advise you where necessary, which now means it's not lawyer against lawyer anymore, its lawyer against pro se and the judge. This is not the most pleasing situation for the opposing party's attorney, so you are automatically discounted by them and disliked as soon as you are pro se, no matter how reasonable and courteous you are.
I have learned that just like any other profession, only a small percentage of those practicing law are truely competent, professional, honest, ethical and practicing for the right reasons. Winning for the sake of winning is not the right reason. With this in mind I would tend to ignore the posts of some senior members.
I wish you the best. Do your homework, have hope in our system, stick to being fair, honest and ethical and you will at least be able to live with yourself.

 

[BelizeBreeze]

Dear Freeman,

I understand your frustration, and support what you are doing 100%. I hired supposedly one of the best - high profile, acts as a probate referee etc. to represent me as benificiary of my father's trust that I had to fire. I was so agregiously ripped off I found an attorney in another county who is willing to sue the guy for malpractice on a contigency basis.
I have a deposit with a probate lawyer now for his invaluable advice only, he does not formally represent me. I have been doing exactly what he tells me to do. The opposing attorney I guess is stupid enough to actually believe I am doing everything on my own without advice, and clearly his communication communicating with another lawyer vs me has gone from day to night. His behavior towards me would result in disciplinary action if he was my lawyer.

Based on what? your ignorance of the legal process and the state bar committee on ethics is astounding in just a few sentences.

The State Bar has informed me there is no complaint process for how another party's lawyer behaves towards me out of court, however I was told I should bring up his behavior to the judge when at hearing, and then the judge will do something, which can be alerted to the state bar if they are disciplined by the judge.

The bar association may have told you that you have the right to bring up these isses, but they in NO WAY told you the judge WILL DO SOMETHING. they have no way of knowing what the hell a judge will do. Just as you do not know.

When you represent yourself pro se he will, to a certain extent advise you where necessary, which now means it's not lawyer against lawyer anymore, its lawyer against pro se and the judge.

I hesitate to answer. However, to save the poster from actually following this 'advice' I have to. A judge will NOT 'advise' you on anything. If they do they can be removed from the case and held for ethics violations immediately.

This alone shows why the senior members of this forum get angry. not only is your post self-serving and completely false, it is misleading, slanderous to the legal profession and so full of crap and half-truths that you may find yourself gone from here if I have my way.

I have learned that just like any other profession, only a small percentage of those practicing law are truely competent, professional, honest, ethical and practicing for the right reasons.

And of course, YOU get to decide what the "RIGHT" reason is?

Winning for the sake of winning is not the right reason.

No, winning for the sake of your CLIENT is however.

 

[maidao2001]

E-mail to freeadviceforum@adviceco.com

To those concerned:

I'm not sure if anyone is aware of BelizeBreeze. He is a senior member who posts frequently, the majority of them being posts that are rude, demeaning and abusive, calling people stupid, ridiculing their questions, etc.

I recently became his latest victim - see thread:

FreeAdvice Forums > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice > Opposing lawyer has Pro Se bias. Legal??

I am not personally offended by his attack on me, however there are probably a lot of other people who aren't strong enough to take his bullying.

I respectfully request that you take a look at his posts.

Thank you,

Aka: maidao2001

 

[Ohiogal]

To those concerned:

I'm not sure if anyone is aware of BelizeBreeze. He is a senior member who posts frequently, the majority of them being posts that are rude, demeaning and abusive, calling people stupid, ridiculing their questions, etc.

I recently became his latest victim - see thread:

FreeAdvice Forums > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice > Opposing lawyer has Pro Se bias. Legal??

I am not personally offended by his attack on me, however there are probably a lot of other people who aren't strong enough to take his bullying.

I respectfully request that you take a look at his posts.

Thank you,

Aka: maidao2001

Maidao your post was stupid and BB was right to call you out on it. You said things that are blatantly false and BB corrected them. The truth hurts huh? Actually if you are pro se you are held to the same standards as someone with a license to practice law. You are expected to behave exactly as they are and follow the rules as they are. That is a fact. As BB said, if a judge helps you they can sanctioned by the bar.

 

[Ohiogal]

Thank you Faithnlve and You Are Guilty.

My case has been ongoing since march. I've had two temporary hearings scheduled and both concluded with me signing a document that ensured I paid my wife more than I can afford. I fired the lawyer I had at the time, immediately after each of the hearings.

So why did you sign the document? Did you read it? If not then you are to blame. If you did read it and still signed it then you are to blame. You don't get out of this by passing the buck.

. The fact that this attorney just ignores me baffles me. I mean, even if he were told not to respond, isn't he in some way supposed to have a system of ethics that seeks the quickest and most fruitful resolution for his client?

No the system of ethics states that he will represent his client zealously. He will provide his client with the representation within the rules and ethics of the state. It says nothing about contacting you and responding to your every question. If his client doesn't want to settle he doesn't have to contact you. Its quite simple.

I've asked ahead of time for a Thanksgiving time to call my kids. = no response.

So why didn't you just call? Or better yet why didn't you deal with that in one of the two temp hearings you had?

I've asked to shovel her (my house) driveway when it snows so that she and the kids are never blocked in. = no response.

She doesn't have to allow you to shovel the drive. Plain and simple. No reason to respond.

I've asked for either Christmas Eve or Christmas Day visitation as they do not fall on my days. = no response


She doesn't have to give you this time. Again you had two temp hearings. You didn't cover holiday time then? Why not? You could have brought it up.

I've pleaded for a single proposal from their side on how to end this divorce. = no response.


How did you plead? Did you do it properly? They don't have to settle with you. They don't have to answer proposals.

My next motion will be to force my soon-to-be-Ex to get a job. She has a Master's Degree, is a healthy, 34 year old, and never had a job. Her lawyer does not respond to that either and instead asks me for more money. Also, it's been 6 months since the first court hearing told her to sell the house within 30 days. It's not even on the market yet. I haven't pushed these issues because I was trying to be patient.


You can't force her to get a job. End of story. The court will not FORCE her to get a job. You may be able to get her income imputed but you can't force someone to go to work. Deal with it.


I have not been disrespectful and I do not want to be Pro Se. I'm a master toolmaker and I wouldn't want a lawyer trying to pretend he is one of those.

But you are pretending to be a lawyer. Time for you to read the Rules of Civil Procedure for the state, the local rules, and the ethics rules so you have a scant understanding of how things are done.


The one request he has sent me was for a new release to talk to my shrink! I guess the old release that I gave him 6 months ago wasn't enough time for him to act on it. I canceled the release after he declared our divorce as being from irreconcilable differences. I told him that he could have the release if he gives me a single reason why he needs it.

I just want what is fair. Fortunately, the court clerks in NH are very helpful. They cannot give advice but they can answer any question that I have.

And the guy on the street corner can answer your questions too. Doesn't mean it will help.


Thank you for the court room behavioral tips. I know that I have a mountain to climb but I finally have a sense that I'm doing the right thing here.
Rob
Thank you to you too, Belizebreeze! Believe me, you inspire me!

You need to realize that her attorney is NOT beholden to you in any way shape or form. You can whine, cry and scream all that you want and it will NOT get you anywhere. YOu need to start acting like an attorney and do everything properly. Even if you are pro se you expected to uphold the same standards as licensed counsel.

 

[Silverplum]

Many of us post here because we need a place to ask questions we can't afford to pay a lawyer to answer, a place to vent our frustrations with our case, the legal system, whatever.

NO, it's NOT a place to "vent" your frustrations. Not at all.
If you want a place to "vent" your emotions, go find an emotional support site. Or take a kickboxing class. Or whatever.

 

[fairisfair]

BB really MUST stop lettin' his dawg out. LOL

 

[maidao2001]

As long as discussion occurs, venting is fine...

If venting weren't allowed, I don't think there would be much of a forum left....

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n. pl. fo·rums also fo·ra (fôr'ə, fōr'ə)

1. The public square or marketplace of an ancient Roman city that was the assembly place for judicial activity and public business.
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3. A medium for open discussion or voicing of ideas, such as a newspaper, a radio or television program, or a website.
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