How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86369
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Hi, Im recently divorced and am now in the process of establishing

Resolved Question:

Hi, I'm recently divorced and am now in the process of establishing what my child support payment will be. My ex-wife requested documentation of income/interrogatories/etc... Ive had a hard time producing all of it on time. My lawyer has withdrawn as my counsel for this reason, despite the only problem being me not being available to drop the paperwork off during normal hours. I have already missed the deadline to turn in my answers to the interrogatories put forth by the opposition and am now facing sanctions for the SECOND time. At this point I dont even have time to hire anyone else. Really bad timing. My question is this-- Am I allowed to contact opposing counsel and ask for a little time, (to either deliver the documents or hire a new attorney) because my former attorney will not reply to me at all, so I dont know if he asked the court or the opposition for time due to his withdrawing, or what? In the meantime I am looking for another attorney.
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

I am very sorry for your situation. I can understand how this must be hard right now.

Am I allowed to contact opposing counsel and ask for a little time, (to either deliver the documents or hire a new attorney) because my former attorney will not reply to me at all, so I dont know if he asked the court or the opposition for time due to his withdrawing, or what? In the meantime I am looking for another attorney.

Absolutely. It is not unusual to request more time for returning discovery answers. No, he does not have to agree, but may. If so, you should get his agreement in writing so he cannot later backtrack.

If he does not agree, then he can file a motion to enforce the discovery, but then you'd explain what is happening to the Judge and as long as the Court will see that you are trying to answer, the Court will likely give you a little more time with a stern warning.

I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
Customer: replied 2 years ago.
Thank you for your prompt response. Let me add a few details that may refine the query and response ....
I've already asked for more time TWICE): Originally, in my settlement agreement, my ex had just "created" a figure out of thin air as to what she wanted me to pay monthly. At our divorce hearing the judge cut that # XXXXX half untill we could figure it out the right way. Problem is that I've always been self employed, haven't made good money for 4-5years, no pay stubs or anything so its been a mess. The first time I missed the deadline was because we'd just finally gotten divorced, it was xmas time, struggling for $, and I simply forgot about it. My attorney reminded me 2days before the hearing....2nd time, blah blah...judge was mad, opposition asked for sanctions and was awarded such. NOW I have it all, ask my lawyer if there's a way to drop it off after hours or if he has a drop box or something because I can't get there before 5pm when he closes. He doesn't reply for 6 days and when he DOES, he states that he is motioning to withdraw as my counsel. Opposition warned they will be asking for more sanctions in a week if the documents aren't submitted in that time.....that was a week ago.
Expert:  Ely replied 2 years ago.
Thank you for your follow up.

I do not see another question, so I assume that you are asking if this changes my answer? No, it does not. In the end, the answer is the same - the discovery must be answered in time or else agreed-upon in writing for an extension.

I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
Customer: replied 2 years ago.
Ok, so should I just email or call her attorney's office and arrange to hand deliver the documents to him?
Expert:  Ely replied 2 years ago.
Hello,

Discovery is normally requested to be delivered either in person or via certified mail (return receipt requested, always), so check the actual request(s). Normally, the party will coordinate by calling and asking when they prefer it, etc. It is supposed to be very civil.

I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
Customer: replied 2 years ago.
And again, its perfectly OK for someone to contact their opposing counsel personally and not through their attorney? (Or, in my case, having no attorney)?
Expert:  Ely replied 2 years ago.
Well your attorney has withdrawn, meaning that you have to represent yourself ("pro se") unless you retain someone else.

And if you are pro se, you are expected to handle the day to day of the suit, yes.

I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86369
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
And again, its perfectly OK for someone to contact their opposing counsel personally and not through their attorney? (Or, in my case, having no attorney)?
Expert:  Ely replied 2 years ago.
I think I may have misunderstood the question in the way that it was phrased:

And again, its perfectly OK for someone to contact their opposing counsel personally and not through their attorney? (Or, in my case, having no attorney)?

That question makes no sense because "opposing counsel" and "attorney" mean the same thing here. So you are asking, "Is it okay to contact someone though their attorney and not their attorney?"

I think you meant if it is okay to contact someone directly instead of their attorney. The answer is no. If they have an attorney, you must contact their attorney, and not them, technically. It is not "illegal" to contact the party directly and if the party is warm to your suggestion, they will ask their attorneys to implement it. However, you are expected to only contact their attorney.

Example - there are divorced where the couple still dine out together even while divorce is ongoing and spend time together. And, there are divorces where they do not speak unless via attorney. So it depends.

Apologies for any miscommunication.
Customer: replied 2 years ago.
Yeh I made that a bit confusing. This is how I meant it to read-
Is it ok for someone(me) to contact their(my) opposing counsel(wife's attorney) personally and not through their(my) attorney?
Basically, since I dont have an attorney anymore, what you're saying is that its ok to contact my wifes attorney myself, and I dont have to hire another to do so for me....right?
Expert:  Ely replied 2 years ago.
Is it ok for someone(me) to contact their(my) opposing counsel(wife's attorney) personally and not through their(my) attorney?
Basically, since I dont have an attorney anymore, what you're saying is that its ok to contact my wifes attorney myself, and I dont have to hire another to do so for me....right?


Yes! Well your attorney has withdrawn, meaning that you have to represent yourself ("pro se") unless you retain someone else. And if you are pro se, you are expected to handle the day to day of the suit, yes. This means contacting the other party's attorney as well.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney