Email acceptable, legally binding to communicate with defendant's attorney?

[troutette]

What is the name of your state (only U.S. law)? fl
What are the legal limitations of communicating with defendant's attorney via email? To expediate issues, I would like to use email vs snail mail but I don't know if it is legally "binding" (i.e., a request for permission to leave to amend)? Would I email and then follow-up with snail mail?

 

[latigo]

I’m sorry but I don’t understand the purpose of your question.

If I read you correctly, all you are talking about is asking the attorney if he or she will stipulate to an order granting you leave to amend a pleading.

a request for permission to leave to amend

If you were speaking of effecting service upon an opposing party of a copy of a motion to amend, that would different as it could not be done by email. But there are no court rules prescribing how opposing parties must conduct informal communications.

And why do you wish to characterize such a simple function as agreeing or not agreeing to stipulate as something to be “legally binding”? I can assure you that nothing you and the other side agree to will be “binding” on the court.

I don’t know what this lawsuit is about or why you have chosen to appear without an attorney, but from what I have read I hope you can afford to come out on the wrong end.

 

[troutette]

And why do you wish to characterize such a simple function as agreeing or not agreeing to stipulate as something to be “legally binding”? I can assure you that nothing you and the other side agree to will be “binding” on the court.

I don’t know what this lawsuit is about or why you have chosen to appear without an attorney, but from what I have read I hope you can afford to come out on the wrong end.

I am talking about stipulating, who will schedule hearings and informal communications, etc. Nothing that needs to be "served". I would like to ask the defendant's attorney if they would stipulate to amend pleading or do I need to schedule a hearing myself for leave to amend. I also want to inquire as to if they are amenable to schedule mediation, as it is required by Florida state family laws or if I need to go through a formal process myself.

My concern is that I just want to have all bases covered as far as proceeding properly so my pleading won't be dismissed on a technicality.

 

[troutette]

I don’t know what this lawsuit is about or why you have chosen to appear without an attorney, but from what I have read I hope you can afford to come out on the wrong end.

It is a supplemental petition to modify time-sharing schedule. Not really a choice here. I have no money. Period.

 

[Zigner]

I would like to ask the defendant's attorney if they would stipulate to amend pleading... I also want to inquire as to if they are amenable to schedule mediation, as it is required by Florida state family laws or if I need to go through a formal process myself...

Sure you can do those in email...

 

[troutette]

Thank you Zigner. That's all I wanted ... an answer.

 

[latigo]

Your question was now been answered, twice.

there are NO court rules prescribing how opposing parties must conduct informal communications.

But you shouldn’t be seeking advice from the opposing attorney via email or otherwise, nor should he or she offer it.

I would like to ask the defendant's attorney . . . do I need to schedule a hearing myself for leave to
amend.

Another indication of your being at sea and why you shouldn’t be representing yourself.

Because of the almost insurmountable odds of overturning an adverse ruling in a domestic case, one needs to give it their best effort. But in that courtroom you'll will be facing off against an experienced trial lawyer virtually unarmed.

As Mr. A. Lincoln said, “A man who represents himself in court has a fool for a client.”

 

[troutette]

Your question was now been answered, twice.


But you shouldn’t be seeking advice from the opposing attorney via email or otherwise, nor should he or she offer it.


Another indication of your being at sea and why you shouldn’t be representing yourself.

Because of the almost insurmountable odds of overturning an adverse ruling in a domestic case, one needs to give it their best effort. But in that courtroom you'll will be facing off against an experienced trial lawyer virtually unarmed.

As Mr. A. Lincoln said, “A man who represents himself in court has a fool for a client.”

Your commentary is not warranted, not necessary nor is it professional. I sure hope you don't reply to all threads like this. You are doing a great injusdice to these forum.

 

[Ronin]

Troutette, you have been going round and round with this issue in varying forms with different threads, have refused to accept well intended advice from other members, and then get angry when folks are growing tired of the nature of your legal questions.

The bottom line is you are trying to amend a custody modification request to force babysitting time on the father to accomodate your scheduling conflicts. As stated by others, even in the unlikely event your ex is given addiitional visitation against his wishes, he will not be required to use it as you would like, if at all, and this effectively renders such a modification pointless.

It seems as though you have an expectation, or at least hopes, of some cooperation from your ex's attorney.

His attorney may very well choose to not respond to your emails and any other communications from you, other than answering any actions you file in court. The attorney will most likely not offer any information that will be helpful to you, and make you figure it out yourself, in the hopes that you will make mistakes and stumble, and he can quickly put an end to the modification suit and have it dismissed.

You really should drop trying to force the issue of time-sharing on the terms you propose, unless you have an attorney willing to represent you on this.

It is entirely possible for you to dig yourself into a hole and end up being ordered to pay your ex's legal fees for this modification suit.

 

[troutette]

Troutette, you have been going round and round with this issue in varying forms with different threads, have refused to accept well intended advice from other members, and then get angry when folks are growing tired of the nature of your legal questions.

This was not a question about whether my petition will prevail or not or whether I should proceed with it. I was simply trying to get an answer regarding email communication and if it is an acceptable form of communication.

I am well aware of the fact that I need an attorney, but it just isn't an option now.

As it turns out, his attorney did email me to confirm that communication with them via email is indeed acceptable.

I'm not sure as to why the people who are growing tired of me are reading or posting replies to my questions then.

Should I not be able to ask other questions regarding general litigation procedures in this forum because I haven't taken the advise of others to withdraw this petition?

Not angry ... frustrated.