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  1. #1
    Join Date
    Sep 2018
    Posts
    9

    Default Opposing Attorney is Nonresponsive

    My question relates to legal practice in the state of: California, Los Angeles County

    My Attorney was in the middle of working on a settlement for ending a trust. The opposing party had agreed and their Attorney sent a contract that made no sense it was copied from a book with no proof reading. The contract spoke of not giving money to a doctor, there is no doctor involved. The contract needed correcting. After requesting corrections, the opposing Attorney stopped all comunications and no longer responded to my Attorney's contact. The opposing party had done this exact thing with a previous Attorney. That, Attorney spoke up and stated she was no longer the opposing party's Attorney. This new Attorney will not respond to my Attorney.

    My Attorney states that, until the opposing party's Attorney states she is no longer the Attorney for the opposing party we cannot proceed.

    Is there anyway to get the opposing party's Attorney to confirm or whatever the term is that she is no longer counsel for the opposing party?

    The opposing party is absolutely fine there is no medical or any other reason for the lack of response other than she knows she can breach the deal we made and face no repercussions.

    Thank you for any help or direction you can offer.

  2. #2

    Default Re: Opposing Attorney Non Responsive

    What do you mean "she can breach the 'deal' without repercussions"? What "deal"? There has been no "deal"! A "deal" made would be one reduced to writing as clearly contemplated.

    You know there is nothing to breach and that you can't force the hands of your opponent or you and your lawyer wouldn't be throwing up your own hands in frustration. All of which speaks unfavorably about your legal position, whatever the hell that is.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,755

    Default Re: Opposing Attorney Non Responsive

    Quote Quoting jeweed
    View Post
    we cannot proceed.
    Sure you can.

    You can file a lawsuit.

  4. #4
    Join Date
    Sep 2018
    Posts
    9

    Default Re: Opposing Attorney Non Responsive

    Thank you for the response. Maybe I was unclear. We had a settlement agreement. The trustee's Attorney sent a contract that spoke of not giving a doctor money. There is no doctor it is a trust that concerns me and the trustee, no one else. My Attorney requested the contract be corrected. Then. all contact ended. The trustee's Attorney will not respond to my Attorney's emails or phone calls. My Attorney states we can not proceed with filing another case in the court until he receives verification that the trustee's latest Attorney at the time the contract was sent is, no longer the trustee's Attorney or explain what is going on. I want some help for suggestions on what my Attorney can do to get the trustee's Attorney to tell us what is happening with the contract or if she is no longer the trustee's Attorney. I am looking for suggestions to get the Attorney to tell my Attorney what is going on. I am not trying to force the trustee to do anything but, what she has already agreed to.

    I really like my Attorney and I don't want to do anything that might change our relationship. Would asking my Attorney about doing that be too weird or do you think he would understand and encourage that w/o telling me to do that. Would you be upset if a client that you get along with did this. I appreciate your help and advice on this touchy subject.

    Can you explain further. We had a lawsuit and had a settlement agreement. What would this lawsuit be about. My Attorney is ready to refile. He just has to know to whom he would sent papers, the trustee or the latest Attorney the trustee had when we reached a settlement. My Attorney says he can't file until he gets verification from trustee's Attorney as to her status concerning whether she is still the trustee's Attorney. Is there any "code" that tells an Attorney to do the right thing??? Thank you so much for letting ask for your knowledge and help.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,361

    Default Re: Opposing Attorney Non Responsive

    You may have had an agreement in principle but you never had an enforceable agreement. What that means is you do not have an agreeement.

    If you havent filed suit I would be concerned the attorney is playing games to eat up time to allw the statute of limitations to expire.

    My Attorney states we can not proceed with filing another case in the court until he receives verification that the trustee's latest Attorney at the time the contract was sent is, no longer the trustee's Attorney or explain what is going on.

    i hope you don’t like your attorney too much. He is incorrect.

  6. #6
    Join Date
    Sep 2018
    Posts
    9

    Default Re: Opposing Attorney Non Responsive

    Thank you. I am sorry to further question but, your response is so short and hard for me to understand not having any legal knowledge. Is what you are saying is, that my Attorney can file again? Yes, he says he wants to file again but, can't until he knows whether the trustee's latest Attorney is still her Attorney and, that Attorney refuses to respond.

    So, can he file without knowing if the trustee has fired the Attorney?? Who would get the paperwork (the last filing was mailed to trustee and then she obtained this Attorney I am speaking of) the Trustee or the last known Attorney or both.

    I really need information that I can go to my Attorney with and share what you have said. Then ask him if this is what other Attorney's say to do to please try it or explore this. The last advice I received from the group. I told him and he acted on it. No one knows everything and a new point of knowledge would really help. Thank you all for your help and knowledge shared.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,361

    Default Re: Opposing Attorney Non Responsive

    You file suit with the courts. It is irrespective of who the opposing party’s counsel may be or if they have represenretion. If the other party has an attorney of record, that is to whom service would be sent until changed. If there is no attorney or record, suit is served upon the individual.

    You simply do not have to play their waiting game. If they have not fulfilled some agreed upon action and refuse to communicate, you move forward in the same manner you would if there was no agreement, since there is none.

  8. #8
    Join Date
    Aug 2013
    Posts
    278

    Default Re: Opposing Attorney Non Responsive

    Agreed. You do not sue the other guy's attorney. You sue the other guy. What the other guy does afterwords is his problem. Or hers.

    Agreements do not have to written, but a verbal agreement is your word against someone who will not talk to you and cannot be trusted to tell the truth to the judge. Some one whose words to the judge are likely to be "what agreement?" A formal written agreement following state law and practice is not iron clad but it is always MUCH better then a verbal agreement. At least you can prove that an attempt at an agreement took place, and no matter how poorly drafted there should be some indication of the intent of the agreement. Gives the judge something to work with. Not just two people pointing fingers at each other screaming LIAR!

  9. #9
    Join Date
    Sep 2018
    Posts
    9

    Default Re: Opposing Attorney Non Responsive

    Thank you again. So, to be clear, I ask my Attorney to re-file new case. The paperwork would go to the opposing Attorney who is refusing to respond to letters and emails. Being, she is the Attorney on record from the written agreement we have. After receiving the re-filing of the case the opposing Attorney is obligated to respond in some manner. Am I correct in this?? Does my Attorney need to mail copy to the trustee also or is this up to the trustee's Attorney once she receives the case filing paperwork? I am sorry to keep questioning this but, I need to be fully informed when I speak to my Attorney I do not want him putting me off. I want to ask him to do this and be confident in why this is what needs to be done. Thank you sooooooooooo much for giving me the knowledge to help me and my Attorney.

  10. #10
    Join Date
    Oct 2016
    Posts
    2,758

    Default Re: Opposing Attorney Non Responsive

    When you insist that the suit be refiled your attorney will know what must be done from there.

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