councel fees

[almost done]

What is the name of your state? New York

After numerous attempts and subpoenas agains the opposition they have yet to comply. due to a lack of ambition on my lawyers part there was never any orders or demands to give us this information, i now have a new lawyer that is going to do things the right way, but in light of the fact that the opposition failed to obey the multiple subpoenas could they be held responsible to reimburse me for the countless amounts of fees that i have had to pay my new attorney?

[Ohiogal]

Originally Posted by almost done

What is the name of your state? New York

After numerous attempts and subpoenas agains the opposition they have yet to comply. due to a lack of ambition on my lawyers part there was never any orders or demands to give us this information, i now have a new lawyer that is going to do things the right way, but in light of the fact that the opposition failed to obey the multiple subpoenas could they be held responsible to reimburse me for the countless amounts of fees that i have had to pay my new attorney?

Subpoenas are orders/demands. If they disobeyed a subpoena that is contempt. Therefore if you win the contempt against them you could be awarded attorney fees.

[almost done]

I had asked about persuing a contempt charge and was told that one was not available.
I dont quite recall the reasons why,
We sent numerous "Subpoena Duces Tecum's" if that makes a difference, some of which were sent directly to the stbx.
None of which where complied with.

Is there a loophole that i dont know that would provide the stbx with a way to avoid the contempt charge?