Sore Loser?

[EmileeSuzanne]

What is the name of your state? CA

I am currently going through a custody battle in which I am representing myself (I am a legal secretary, and chose not to spend a lot of money on an attorney that I need to buy shoes for my growing 12 year old). This started out as a simple modification of child support, but my Ex filed for a mod of custody after I requested his pay records.

In a recent hearing, I informed the judge that my Ex's attorney has refused to communicate with me (I have only heard from his office when I have faxed them a draft Motion to Compel Discovery Responses). She informed him that I certainly have the right to communicate directly with him, as I am self-represented. He lied to the judge about when his office received the mediator's report in an attempt to cover up his conduct.

As we stepped back to our seats to await our signed order, the attorney leaned over me, put his finger in my face (I'm all of 5'3") and threatened to "tear me apart" if I ever brought up those issues again. I guess he was embarassed. Once outside the courthouse, he again tried to intimidate me.

I am now preparing a Motion for Costs and plan on requesting that the attorney be sanctioned for his conduct (I have already told him I plan to file a complaint with the Bar Association after this is over). I am having difficulty finding citations to use in my motion. Any suggestions?

Thank you for your time in reading this rather lengthy post.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

I am currently going through a custody battle in which I am representing myself (I am a legal secretary, and chose not to spend a lot of money on an attorney that I need to buy shoes for my growing 12 year old). This started out as a simple modification of child support, but my Ex filed for a mod of custody after I requested his pay records.

In a recent hearing, I informed the judge that my Ex's attorney has refused to communicate with me (I have only heard from his office when I have faxed them a draft Motion to Compel Discovery Responses). She informed him that I certainly have the right to communicate directly with him, as I am self-represented. He lied to the judge about when his office received the mediator's report in an attempt to cover up his conduct.

As we stepped back to our seats to await our signed order, the attorney leaned over me, put his finger in my face (I'm all of 5'3") and threatened to "tear me apart" if I ever brought up those issues again. I guess he was embarassed. Once outside the courthouse, he again tried to intimidate me.

I am now preparing a Motion for Costs and plan on requesting that the attorney be sanctioned for his conduct (I have already told him I plan to file a complaint with the Bar Association after this is over). I am having difficulty finding citations to use in my motion. Any suggestions?

Thank you for your time in reading this rather lengthy post.

My response:

You asked, "Any suggestions?"

Yes, stop playing Perry Mason. All because an attorney became irate with you, doesn't give you a cause of action, or a valid complaint. Once you let your emotions get the best of you, and you allow yourself to be thin-skinned, then that's when you lose.

By the way, I like your euphemistic comparison of attorney's fees to the cost of a pair of shoes.

IAAL

 

[krispenstpeter]

I hope to hell she does file her complaint for sanctions against this attorney.

Then she'll be wondering how to buy shoes for herself as well when the attorney files suit for costs.

Geeez lady get a grip.

 

[stephenk]

krispen, filing a complaint with the State Bar is not a lawsuit. it is just calling in on a complaint line and stating your case. the Bar will then conduct an investigation with follow-up calls and/or correspondence to the attorney. based on what the poster stated, nothing will likely come of it.

then again, a complaint to the Bar may temper the attorney's conduct toward the poster.

 

[krispenstpeter]

I know that stephen. But when the complaint is found baseless and the attorney sues her ass then what?

The point of this is that this poster needs to grow up. PERIOD!