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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110574
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im pro se. Opposing atty interrupted me on the phone when

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I'm pro se. Opposing atty interrupted me on the phone when I was amending my discovery request for documents and said that since the request was within 30 days of end of discovery, the request would be untimely and he wouldn't have to comply. Since then, he has broken this rule and the judge sided with him. Do I have any recourse for his bad advice to me?
Customer: replied 3 years ago.
Relist: No answer yet.
Was not duplicate question.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, opposing counsel does not represent you, so his "bad advice" to you would not be actionable against him as he has no legal duty to you at all. Opposing counsel's legal duty is to his client and he is to do what he can to zealously represent his client. By the letter of the code of procedure, a court does not have to allow discovery after the discovery period closes and what was left off of that is that if you wanted discovery beyond the close of the discovery period you could make a motion to the court for leave to do so if opposing counsel did not agree to provide the information.

This is something I am afraid that happens to many pro se litigants who do not know the rules of court or rules of procedure or rules of evidence, is that they get out legally maneuvered by opposing counsel who use the lack of knowledge of rules against them. The courts hold that if a party chooses to represent themselves pro se, they are to be held to the same standards as a licensed attorney, so this hurts pro se litigants in court and I am afraid you cannot sue or take action against the opposing counsel for them providing you only half or partial information about the rules of procedure.

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Customer: replied 3 years ago.

Just to be sure we're on the same page...this was about 27 days before discovery ended, and his premise was that we have 30 days to respond to requests, so all requests have to be in 30 days before the end. And wouldn't that at least be unethical to give legal advice like that to a pro se?

Thank you for your response.

He was not telling you the complete accurate information, but again he did not represent you and he had no duty to you. He was also wrong about his information. When discovery is set to end, as in your case in 27 days, that means all REQUESTS must be in at that time, not that all answers have to be given in that time and he was taking advantage of your lack of knowledge of the rules, but legally he was not giving you advice, he could not give you advice, he was not representing you.

It could be potentially a violation of the rules of professional conduct for failure to be truthful with parties and tribunal, but it would not b grounds for you to sue him I am afraid because of the lack of duty to you.
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