Wife's 4th Attorney just quit

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Wife's 4th Attorney just quit

Unread postby whatever_works » Wed Mar 15, 2017 3:21 pm

I am reading the other thread on these boards for some useful information. But I wanted to start one of my own since the case details are different. Our case has been going on for 2.5 years. My wife fired her first attorney after about 6 months of filing. In the next 6 months or so, my wife hired and fired attorney #2 and #3 and then settled on the fourth one since about Sept 2015.

Since about 4 months or so, my lawyer has been telling me that my wife's lawyer is going to send a comprehensive proposal which includes shared parenting. I spoke to my lawyer a couple of weeks ago and he said he was frustrated with the lack of progress. He also said that my wife's lawyer says she is also frustrated. Every time she has the proposal ready to go my wife calls her and she goes back to some parts and wants to change them. Her lawyer thought that my wife is getting instructions from her family - which is not a surprise to me at all. Her family has been a party in this divorce all this while.

My lawyer said that a proposal like this takes a while - a week and multiple client visitations. But my wife has been at it for 4 months. I didn't realize that the frustration he mentioned was so real that the OC would quit. She has filed a motion for next week - we are going for a pretrial anyway - asking for her to withdraw because of "irretrievable breakdown of communication with her client." I am not entirely sure what that means. She says that she is unable to represent her client due to this. From reading these boards, it sounds like this maybe a way for the OC to put pressure on my wife to "communicate better with her." My d10 told me a few days ago that my wife was yelling at someone named <her lawyer's name> on the phone.

But I am hoping that this will help the judge see my wife's personality issues. She has been using the legal system to harass me and my family. First the phony DV charge, then the BS drug charge, last week her brother in India sent my old parents a legal notice asking for paying him the price of the marital gifts given 17 years ago, and on and on. It is just harassment.

Anyway, is this good news? Bad news? Not sure how to take this with the court date looming next week.
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Re: Wife's 4th Attorney just quit

Unread postby lionel2013 » Wed Mar 15, 2017 3:25 pm

"irretrievable breakdown of communication with her client."


It means your NJ is, well, an NJ. It means the OC cannot get through to her anymore.

This is actually bad for you, because it will only delay the finalization of the divorce.
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Re: Wife's 4th Attorney just quit

Unread postby whatever_works » Wed Mar 15, 2017 3:37 pm

lionel2013 wrote:This is actually bad for you, because it will only delay the finalization of the divorce.


And the judge cannot do a thing? What the lawyer is telling the judge is essentially that my ex-wife is acting above the law - which is my experience as well. The question is, is there anything anyone can do about this?
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Re: Wife's 4th Attorney just quit

Unread postby afc » Wed Mar 15, 2017 3:41 pm

What can a US judge do about a person in India contacting another person in India?

I dont think you have any recourse here. Maybe your parents can seek relief in Indian courts?
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Re: Wife's 4th Attorney just quit

Unread postby lionel2013 » Wed Mar 15, 2017 3:49 pm

whatever_works wrote:
lionel2013 wrote:This is actually bad for you, because it will only delay the finalization of the divorce.


And the judge cannot do a thing? What the lawyer is telling the judge is essentially that my ex-wife is acting above the law - which is my experience as well. The question is, is there anything anyone can do about this?


No, the judge can't do anything about it. And no, what the OC is telling the judge is not that your wife is above the law, but simply that she (your STBX) has become so unreasonable that she (the OC) can't get through to her anymore.

So what will happen is the judge will order a continuance to give STBX time to find another lawyer. How much time? I'd guess at least two weeks. That's the only thing the judge will do.
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Re: Wife's 4th Attorney just quit

Unread postby whatever_works » Wed Mar 15, 2017 4:06 pm

afc wrote:What can a US judge do about a person in India contacting another person in India?

I dont think you have any recourse here. Maybe your parents can seek relief in Indian courts?


No I didn't mean that at all. I am not too concerned about that. The India letter - which I am yet to see - is probably without any merit. And I have told my father to ignore it. The marriage was 17 years ago in India and we moved to US soon after. We are both citizens here now. The divorce is filed in US courts and is being heard here for the last two and a half years. So my guess is that any court in India will laugh her brother out of the courthouse.

I will show the letter to my attorney here to get his feedback just in case. And I would like to mention that to the judge as evidence of harassment and claim that my wife has been abusing the legal system all this while. I think the judge is getting annoyed with her since the drug charge. I would like to play that up.

I would like the judge to tell my wife to communicate "better" (whatever that may mean) with her attorney. Also if possible to tell her brother and the family to lay off the case. If the judge can say those things, I think my wife will listen.
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Re: Wife's 4th Attorney just quit

Unread postby whatever_works » Wed Mar 15, 2017 4:20 pm

lionel2013 wrote:So what will happen is the judge will order a continuance to give STBX time to find another lawyer. How much time? I'd guess at least two weeks. That's the only thing the judge will do.


That is bad. But then my wife will have to find another good lawyer which - if my experience is any indication - is not easy. Hopefully she will end up with another crappy lawyer or two.

And I am wondering if all this will have any effect on the judge, if my case goes to trial. I understand that most cases don't go to trial. But seeing my wife's behavior, we might end up in the 1% cases that do. She is loathe to give an inch.
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Re: Wife's 4th Attorney just quit

Unread postby lovingfatherof2 » Wed Mar 15, 2017 4:25 pm

I would come at her with a settlement offer.

What is it she wants in order to settle this?
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Re: Wife's 4th Attorney just quit

Unread postby lionel2013 » Wed Mar 15, 2017 4:26 pm

I would like the judge to tell my wife to communicate "better" (whatever that may mean) with her attorney. Also if possible to tell her brother and the family to lay off the case. If the judge can say those things, I think my wife will listen.


No, the judge cannot/will not entertain any of those matters, it's not his business. The judge cannot force your wife to communicate better, or her attorney to stay on the case. The judge can only follow the law.

Seems to me you have a number of misplaced expectations. Might want to have a quick chat with your own lawyer to find out what you can expect going forward.
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Re: Wife's 4th Attorney just quit

Unread postby lionel2013 » Wed Mar 15, 2017 4:27 pm

lovingfatherof2 wrote:I would come at her with a settlement offer.

What is it she wants in order to settle this?


Very good question, but I'm assuming [hoping] the OP has already tried that in the 2.5 years which have passed since papers were filed.
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