Conflict?

[Sunshine1]

I just filed a contempt motion and sole decison making authority for foreign travel.

New attorney is trying to reschedule court date in which I strongly oppose.  We have been dealing with this for over 2 years and enough is enough.  His reasons are he already has cour that day.

Attorney that is representing him is the partner of my DH's ex wife's attorney.  The firm ultimatley represented the ex wife and has quite a bit of knowledge of me if they pull that file out.

1.  How do I thwart a continuance?

2.  Is it a conflict of interest being who his attorney is or is affiliated with?

[socrateaser]

>I just filed a contempt motion and sole decison making
>authority for foreign travel.
>
>New attorney is trying to reschedule court date in which I
>strongly oppose.  We have been dealing with this for over 2
>years and enough is enough.  His reasons are he already has
>cour that day.
>
>Attorney that is representing him is the partner of my DH's ex
>wife's attorney.  The firm ultimatley represented the ex wife
>and has quite a bit of knowledge of me if they pull that file
>out.
>
>1.  How do I thwart a continuance?

Respond to the motion with your reasons for the objection.

>2.  Is it a conflict of interest being who his attorney is or
>is affiliated with?

Since you weren't the former client, there is no conflict of interest, or any ethics violation, because the other law firm has always been your opponent or the opponent of your DH.

[Sunshine1]

No actual "motion" for a continuance, just a letter sent to the judge requesting it be changed.

1.  Do I in turn just write to the judge and ask for it to be denied due to him dragging this on for 2 plus years?

[socrateaser]

>No actual "motion" for a continuance, just a letter sent to
>the judge requesting it be changed.
>
>1.  Do I in turn just write to the judge and ask for it to be
>denied due to him dragging this on for 2 plus years?

Yes, and cc the opposing attorney

[Sunshine1]

I am not out to "get" my ex with contempt, all I want is the insurance cards and ..well he isn't going to sign the passport thing, but my question is:

It wouldn't be weird for me to call the opposing side's counsel and just see if we can come to a resolution and just skip court all together is it?

Why wouldn't the opposing counsel just ask me if I was willing to move the date?

My understanding is you ask first and file to ask the judge if the other side says no?  yes or no?

[socrateaser]

>I am not out to "get" my ex with contempt, all I want is the
>insurance cards and ..well he isn't going to sign the passport
>thing, but my question is:
>
>It wouldn't be weird for me to call the opposing side's
>counsel and just see if we can come to a resolution and just
>skip court all together is it?

No, but OC may not talk to you.

>
>Why wouldn't the opposing counsel just ask me if I was willing
>to move the date?

Under the Rules of Professional Conduct, an attorney cannot give legal advice to an opposing party, other than to suggest that the party retain legal representation. Most attorneys are told in their ethics courses that the easiest way to avoid the inference of a conflict of interests is to not communicate with a pro se opponent.

Another reasons are that opposing attorneys usually depend on each other to talk frankly between each other about the case (because we're snobs and all members of the "club"), and a pro se cannot be depended upon to be candid, because the pro se is the real opponent.

And, attorneys pretty much all believe that a pro se litigant is incapable of understanding the legal issues involved for lack of education and training, so attempts to negotiate will be met with legally unreasonable responses, which expend client resources.

Finally, there is the possibility that the pro se will accuse opposing counsel of attempting to trick/deceive/defraud the pro se during a negotiation -- and that would be big trouble.

I could go on and on, but the bottom line is that there is a very high incentive to refuse any communication, especially verbal, with a pro se opponent.

>My understanding is you ask first and file to ask the judge if
>the other side says no?  yes or no?

It varies by jurisdiction. In CA, if you're the plaintiff/petitioner, you can just call the judge's assistant and ask for a continuance after getting the verbal consent of OC. Then you file and serve a notice of continuance. If you're the defendant/respondent, and OC won't agree, then you must file a motion for a continuance and have your request heard like any other motion.

In OR, you just file a motion for a continuance, and the judge will decide whether you've shown good cause or to hold a hearing.

So, your mileage may vary.

[Sunshine1]

Called the opposing attorney today and he had the insurance cards on his desk.  He agreed to send them out to me today and I agreed to drop the entire thing if he was willing to sign the passports authorization.  He agreed his client would sign it if I notified him as to when the children would be leaving the country??

I told him I had no problem with that at all, and I would sign a paper stating that I would not be moving out of the country as well.  He said that wasn't necessary??  (That was his whole excuse before, but whatever.)

So I asked if I sent the form to his office would he have him sign it in his office with a notary and mail it back to me..he agreed that he would.

So it cost me about 100.00 to get some compliance but I am satisfied with the outcome.

Thanks Soc!!

[socrateaser]

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