Question: frivolous exchanges between attorneys

[hoosierpapa4]

I was recently in receipt of one of the most ludicrous exchanges between attorneys that I have seen since prior to the filing of my final divorce decree over seven years ago where a $15 pair of jeans cost over $400 to discuss.

My son was previously selected for an honors program, I conveyed to my son that he would need to keep his grades up in order to participate (C or better), this is both the requirements of the program and his custodial parent.  I wrote my x via email back in December indicating what my requirements were, and sent her a copy of the requirements and details of the program.  I believe that my son "cried" to his mom following the news that he didn't keep his grades up, which precipitated her response.

She had her attorney send a letter detailing the program, it's dates and times, and requesting his participation and reassurances that I would allow her to have him participate even though it would be during my parenting time.  Along with some pretty obtuse statements made by my x were some outrageous assertions that "I conveyed that if she were to remove my son from school that I would prosecute her for kidnapping".

1) What if anything can I do to recouperate the costs of this exchange?

2) Can I request that there be any kind of sanctions for this diatricious exchange as her attorney did not have all the facts before launching this exchange?

Thanks Soc.

[socrateaser]

I'm confused. How did this letter cost you money, and if not money, then how do you believe that you aredamaged by the letter?

[hoosierpapa4]

The expense would be the billable hours that my attorney expended in these letter exchanges, postage, adminitration time etc.

[socrateaser]

>The expense would be the billable hours that my attorney
>expended in these letter exchanges, postage, adminitration
>time etc.
>
>1) What if anything can I do to recouperate the costs of this
>exchange?

Discharge your attorney, or instruct that he's not to spend any time on any communication from the other party's attorney, until he provides you with a copy of the communication and you have an opportunity to discuss whether to respond and how to respond, and that otherwise you will not pay for his time.

>2) Can I request that there be any kind of sanctions for this
>diatricious exchange as her attorney did not have all the
>facts before launching this exchange?

You'd have to prove that this was an abuse of process, or defamatory, and to do this would require the allegations to be brought out in public, because negotiations between attorneys is generally not admissible as evidence of liability in court, except in a dispute with your attorney.

If the letter was given to some third party outside of the legal process, then you'd have a case, assuming that the defamatory statements are false. Otherwise, you're basically SOL, and you need to come to an agreement with your attorney as to how to avoid this problem going forward, or fire him, and rehire when you require his services again, because he cannot simply ignore the communications as that would violate his duties of care and competence.