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  1. #11
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Opposing Attorney Non Responsive

    Your attorney knows what to do. If they don’t, you need to be looking for another attorney


    unless the case was withdrawn or dismissed, you don’t refill a suit. You simply take action to reinvigorate it.

  2. #12
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Opposing Attorney Non Responsive

    Agreed with the other answers. Any first year law student should know this. Send the suit to the TRUSTEE. If your attorney wants to send a copy to the other attorney or to Santa Claus, fine and dandy, but you need to clear who the other party is here and it is not the other attorney.

  3. #13
    Join Date
    Sep 2018
    Posts
    9

    Default Re: Opposing Attorney Non Responsive

    Yes, I called this a re-filing since I do not have any legal knowledge other than the wonderful help you all have given me. Previous to the written agreement/contract my Attorney had filed a suit, then he was able to tell the Judge we had an agreement. Then, when the contract was wrong and my Attorney asked for corrections all communications ended from the opposing Attorney. I am just trying to take the knowledge you all have given me to my Attorney and get this going again. It bugged the heck out of me when my Attorney stated we have to wait until the opposing Attorney admitted she was no longer the Attorney for the trustee. I knew there had to be a better answer than just wait. Thank you all so very much for the information, I don't feel so hopeless and stuck. Thank you all from the depths of my being, you are all so smart and beyond helpful. Wish me luck and I don't want to upset my Attorney. I only wish to get this over with.

    Thank you all, I sent an email to my Attorney using all of your thoughtful and helpful knowledge. I requested he consider that I am going to file a complaint against the opposing Attorney for failure to respond and the previous emails she sent with insults about me that, she repeated from her client. Asking for his help in composing the complaint. Additionally, questioning if he would want to try and contact the trustee's Attorney one more time notifying her of my intent to file the Bar complaint. I additionally, requested he immediately re file/re invigorate the suit he filed previous to the written agreement/contract and send it to the trustee and the trustees last known Attorney. I copied and pasted all of your helpful information given so, my Attorney would be able to use all the information you all gave so generously. Thank you all wish me luck in getting this going again.

  4. #14

    Default Re: Opposing Attorney Non Responsive

    Listen please. If you have a pending lawsuit against the trustee you do not "re-file" against her simply because efforts to settle the issues forming the basis for the lawsuit have reached a stalemate! The only time the same lawsuit can be re-filed is if the original filling or case is somehow withdrawn or dismissed without prejudice.

    What you do is to proceed to join the issues in dispute so that the case can be properly submitted to the court for trial. And you certainly do not need the cooperation and/or consent of the opposing party nor that of the opposing party's attorney of record in order to get the case on the trial calendar!

    And whether "jk" knows it or not - if for any reason - a lawsuit is re-filed, service of process upon the defendant begins anew and cannot not be effected by serving the complaint and summons on the lawyer that may have been the attorney of record for the defendant in the prior and dismissed lawsuit!

    There could be no such attorney of record until after the commencement of the second lawsuit; service of process upon the named defendant and the defendant engages an attorney for that purpose; and the attorney makes a formal appearance in the lawsuit on behalf of the client.

    _______________________

    I can't tell from you narrations and guesswork just where you stand with respect to ending the trust. If a suit against the trustee for that purpose is pending, I can't accept the reported excuses from your attorney as to why the case is at a standstill.

    For instance this business of your attorney not knowing whether the trustee is still represent in the case (if one is pending) is absolutely incredulous for the simple reason that once an attorney makes and appearance on behalf of a litigant he or she cannot withdraw without giving formal notice and most often only with the court's written permission.

    Secondly, if the impasse is because of the inability to get you opponent to commit to an out of court settlement, then why hasn't a court case been filed?!

    In sum I think you are getting the proverbial "run around". And quite possibly in the meantime the trustee keeps padding her bill to the trust for services rendered. If not hers and that of her attorney.

  5. #15
    Join Date
    Sep 2018
    Posts
    9

    Default Re: Opposing Attorney Non Responsive

    Dear Latigo: Thank you for the response. More than 6 months ago my attorney filed suit in court. The trustee is a thief. She stole everything when my father died (he did not have a trust) and I let it go. The now trustee, threatened to kill me if I tried to fight her. She had tried several times b4 I believed her. I fear her. When my mom died this time, there was a trust 50/50. The trustee once again took everything. I decided if it cost every penny in the trust I was not going to let her get away with it again. I don't care how much the trustee spends. After recognizing there was no way the trustee could give an accounting or explanation her Attorney ( I am assuming this ) must have convinced her to settle. My Attorney told the Judge we had a settlement agreement. I do not know what happens once you tell the Judge you have reached an agreement. But, whatever happens when you tell the Judge this, happened. The settlement/contract came and it was full of "mistakes" The trust is between me and the trustee, no one else. The contract said things like: the doctor could receive no money ( there is no doctor involved ) and other insane things things. My attorney requested the contract be corrected. The trustee's Attorney never responded back that was in May. Since then, all contact has been ignored. The trustee had other Attorney's whom she fired in the midst of requests for accounting's prior to this. I can only assume this Attorney has been fired also. I have not asked my Attorney if the trustee's Attorney filed a withdrawal. Does the Attorney have to file a withdrawal if the case is "settled"?? Or does she have to withdraw being, we told the Judge we had a settlement. I do not know what happens legally in court when you say we have an agreement. I do know. My Attorney told me last week we can not refile with amendments until, we know if the trustee's Attorney is still the trustee's Attorney. That bugged the heck out of me because we will never know if the trustee's Attorney is not responding!!!! I will ask my Attorney to send a registered letter with receipt / signature required to the trustee's Attorney. Also, the trustee's Attorney mentioned in an email that 400 shares of Boeing stock were in the trust. Which is a lie, the stocks were my dad's when he died and dad had no trust. My sister (the above mentioned trustee) threw away Dad's Will. This may be a reason why the trustee fired her Attorney but, that again is speculation since contact has not been made. But, because of the trustee's Attorneys email mentioning the stock being in the trust. My Attorney has promised to amend the lawsuit to include the theft of the stocks. Which right now according to Boeing are exclusively in the trustee's name. NOT, in the name of the trust. I have an email from the trustee's Attorney that states the Boeing stocks are in the trust. As of right now though, I am just trying to get my Attorney to amend and refile or whatever the term is to start again. I will copy and send to my Attorney what you have written. I thank you for the wisdom you have shared with me. I hope my Attorney listens and does something!!! I have no legal knowledge of what is happening legally. This all seems insane. I know that the trustee believes since she has so much money that, she can prevail and keep everything she stole. I appreciate your help and responses to my dilema, I am so grateful for your help and compassion.

  6. #16
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Opposing Attorney Non Responsive

    And whether "
    jk" knows it or not - if for any reason - a lawsuit is re-filed, service of process upon the defendant begins anew and cannot not be effected by serving the complaint and summons on the lawyer that may have been the attorney of record for the defendant in the prior and dismissed lawsuit!

    There could be no such attorney of record until after the commencement of the second lawsuit; service of process upon the named defendant and the defendant engages an attorney for that purpose; and the attorney makes a formal appearance in the lawsuit on behalf of the client.


    If you would bother reading the entire thread as opposed to finding some nit picky point to attack you surely would have seen when I posted this:

    If the other party has an attorney of record, that is to whom service would be sent until changed. If there is no attorney of record, suit is served upon the individual.

    _______________________Your statement is merely an echo.

    Given the fact there has been a suit filed and there have been ongoing negotiations and nothing has been stated suggesting the suit had been withdrawn/dismissed, itís logical to assume there is an attorney of record and any action would not be a refiling but simply some action to move the suit forward.

    Does common sense fail you these days?




  7. #17

    Default Re: Opposing Attorney Non Responsive

    . . . my Attorney told me last week we can not re-file with amendments until, we know if the trustee's Attorney is still the trustee's Attorney.
    Wow! That is absurd. Therein lies the gist of your difficulty. Meaning that if your attorney made any such representations he or she is being consciously untruthful or is totally incompetent!

    And for you it is incidental as to which. Because - whether deliberately lying to you OR so professionally unqualified as to actually believe that opposing counsel can so hamstring your lawsuit - he or she needs to be fired! And sui pronto!

    So let's not beat this issue to death in this forum as nothing will be gained. You either resolve to fire your lawyer and engage a qualified substitute or accept the consequences of a bad and ineffectual choice and start waving a white flag at the trustee.

  8. #18
    Join Date
    Sep 2018
    Posts
    9

    Default Re: Opposing Attorney Non Responsive

    Dear Latigo; Again, thank you for your response. I unfortunately lack the funds to begin again with another Attorney. Which thru my writings
    should have given you a clue. I have all the evidence and proof of the trustee's wrong doing she and her Attorney know this. If I can get my Attorney to "move" they will cave. The trustee's Attorneys non responsiveness is a stalling tactic. It seems obvious to me my Attorney has never run across this and does not know how to proceed. I just have to get the information that my Attorney needs to know so he will know how to proceed against this unethical behavior. You need to understand. Choosing an Attorney, let alone one you can afford is not a simple thing for person who has never needed one b4 nor is well funded. I am stuck with my choice of Attorney. Unless some miracle happens and an Attorney steps up to take me on pro bono. I will use all the pearls everyone has shared. I will give the advice and knowledge given to me by the group to help me help my attorney. Think of all of the group's advice as pro bono work. You and the group all have helped a person in need. Warm regards, I will be in touch hopefully with great news.

    Dear JK;

    Thank you so much for your clear advice and the attention you paid to what I wrote. My thanks are beyond being able to express how honored I am by your help.
    I have been Blessed by your help. Warm regards

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