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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88750
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I had asked about Res Ju Decata, after further research I am

Resolved Question:

I had asked about Res Ju Decata, after further research I am certain that I was scheduled in 08 to appear in court; I have since contacted by email my attorney at the time and requested my file. This is the email that was sent to her:

Email from me to attorney that represented me in 07/08 sent on October 18:
Hello Ms. XXXXX,
Earlier in the week, I asked Sandie from my office to set up an appointment with you so I could ask you some questions and get information to help me understand the sequence of events regarding District Court during the time you represented me. Sandie informed me that you could not or would not meet with me as you were not available to retain professionally, which is not the case. I am acting Pro Se for the time being and need you to clarify for me all correspondences to you as my attorney from District Court or anyone regarding my attention.

Please provide a chronological list of events and actions recommended and or taken or not taken, on my behalf, as my legal attorney.

Please provide dates of initial retention and date that Judge Crockenberg granted your request and reason that you be allowed to withdraw as my counsel.

Please provide a mailing address where I can if necessary send you Certified Mail as a follow up to emails and other matters that may pertain..

The information requested is time sensitive and a punctual response with information requested would be very much appreciated.

I understand that you are not my counsel at this time and I will pay for your time to provide me accurate and detailed reports requested. Essentially I am requesting a copy of my complete file.

Regards,

Dr. XXXXXX

Attorney’s Email response received October 23, 2013:
Gil,
As I explained to Sandie on the phone, I am no longer in private practice and I cannot participate in any discussions that may be viewed as representation of a client, whether I am paid or not for the service. All documents that were filed with the court during my representation of you and any correspondence were copied to you and you should have a complete file of all records.

The Court records indicate that I filed a Notice of Withdrawal in your case on November 4, 2008. The Court required that I appear the following week and the Court informed you of the withdrawal. On November 24,XXXXXstated that I was no longer your attorney of record. On December 8, 2008 Michael XXXXXX entered an appearance as your attorney.

XXXXXX XXXXX

My concern is that I was not informed or aware of any court proceedings involving issues about child support and arrears. Some unfortunate sequences of events by the courts lead by misinformation to include denial of child support payment for approximately 18 months were not reported. I believe bad information provided by Petitioner caused the discrepancy that is in excess of $100,000 dollars.

I was unaware of these court actions as my new attorney for 2009and 2010attorneys did not make me aware of numerous miscalculations which took place in 2008. I learned about these discrepancies in late 2012 during a motion by me to modify income (which was granted) when my CPA noticed the discrepancies. Petitioners counsel argued that due to Res Ju Decata I had my day in court and my time to appeal. The facts are that I was neither informed by counsel nor aware of hearings to address the calculations. I in fact did not have the opportunity to be represented thus I would like to gather the exact information from attorney of 07/08 as I believe this will demonstrate to the courts an accurate sequence of events and hopefully allow for an accurate calculation of the arrears owed.

I can I get my file from attorney of 07/08 if she is not willing to provide them to me? I should have rights to my files if not please explain.
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First, it is "res judicata", so when you use the term in your case make sure you spell it right.

Second under CO law an attorney must turn over everything in the client's files to the client upon ending of representation. ee, e.g., People v. Kuntz, 908 P.2d 1110 (Colo. 1996); People v. Jamrozek, 914 P.2d 350 (Colo. 1996); People v. Sigley, 917 P.2d 1253 (Colo. 1996); People v. Crews, 901 P.2d 472 (Colo. 1995); and People v. Tucker, 904 P.2d 1321 (Colo. 1995). Her meeting you to turn over the file and telling you what it contains is not representing you, it is fulfilling her duty under the CO laws to surrender the files to you, but her explaining it to you could be deemed representation.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 8 months ago.

Thank you for your punctual response. I sent the following email to the attorney and her response email is also included:


 


-----Original Message-----
From: Gilberto Garbiso <XXXXX@XXXXXX.XXX>
To: j...........
Sent: Mon, Nov 11, 2013 2:32 pm
Subject: Re: Requesting Information

November 11, 2013 Attorney XXXXXXXX, It is my understanding that under CO Law an attorney must turn over everything in the client's files to the client upon ending of representation. ee, e.g., People v. Kuntz,908 P.2d 1110 (Colo. 1996); People v. Jamrozek, 914 P.2d 350 (Colo.1996); People v. Sigley, 917 P.2d 1253 (Colo.1996); People v. Crews, 901 P.2d 472 (Colo.1995); and People v. Tucker, 904 P.2d 1321 (Colo. 1995). It is my understanding that you meeting with me to turn over the file and telling me what it contains is not representing me, it is fulfilling your duty under the CO laws to surrender the files to me. I do not want any advice that could be deemed representation, only explanations, of what it contains. I believe the law entitles me to my files as I cannot be sure that all information you state was copied/forwarded to me was ever received on the case. Respectfully XXXXX XXXXX I expect appointment to receive my complete case file? Regards,Dr. G.. G......


 


Attorney’s Response:


Gil,
I will have to pull your file out of storage and prepare it to give to you. Given my current schedule, I would like to have two weeks to get it together. It is a very large file and will take some time to sort through.
Let me know if this works for you.
thanks,
J..........


 


This is by far the best response I've ever had regarding a legal matter; thank you your response was invaluable.


 


How do I insure to get you as I have more questions concerning legal matters?

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you very much. I am glad you received at least a positive sounding response.

You can ask for me by name in the headline of your question at any time and I will get to you. Also, do not forget to click on positive feedback as that is the only way the experts get any credit for time spent with you.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88750
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you

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