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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 32929
Experience:  Retired (mostly)
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Socrateaser: Is there an "official" way to respond to a DEMAND? I

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Socrateaser: Is there an "official" way to respond to a DEMAND?
I am in receipt of a letter from opposing counsel demanding that I cease to do ABC.
The final court agreement issued for the divorce in 2011 states clearly that ABC is required by both parents. Counsel has run out again of Zanax and is going though his friday-blues writing unnecessary letters.
But the question is Is there an "official" way to respond to a DEMAND? or should I respnd with a letter. Can you suggest 2 sentences along the lines of :
Demand denied or Your demand is _________ . Thanks
Submitted: 8 months ago.
Category: Legal
Expert:  socrateaser replied 8 months ago.
Is there any threat in the letter (e.g., unless you cease and desist immediately, we will have no choice but to [beat you upside the head with a baseball bat]?
Customer: replied 8 months ago.

No threat at all - just a bunch of non-sense in 3 paragraphs and a mild closing "Govern yourself accordingly".


 


Since I wrote this question up, I re-read counsel's letter and realized that the one that needs to make a demand is ME.


 


My wife is in violation of ABC topic that counsel is talking about and therefore I could use some "official" way to respond (if there is such a thing) - or at a minimum - could use some strong Socrateaser language.


Thank you Sir.

Expert:  socrateaser replied 8 months ago.

If the attorney is demanding you to cease and desist from conduct which is unambiguously required by the court's orders, then that would be evidence of a violation of an act of moral turpitude, as it seeks on its face to cause an adversary to violate the "law of the case." Bus. & Prof. Code 6106, and is grounds for "disbarment or suspension." You can complain to the State Bar.

The attorney's alleged conduct could also be prosecuted by the court as contempt. But, you would have to file an affidavit of contempt and prove your case to the court.

In neither circumstances, can you get any money from the attorney's actions. So, if that's what you're after, fagetaboutit!

 

Re language in a letter, frankly, I wouldn't respond -- I would file a complaint with the Bar and bring an affidavit of contempt, and let the court decide if the attorney's admonition to violate the current court orders is worthy of a contempt order.

 

Assuming that it's as you describe, then I don't see why it would not be contemptuous. But, I'm not the judge, and I probably don't have all the facts.

 

If you really want to respond in writing (and I wouldn't), my response would not be strong -- it would be dismissive. E.G.: "I am in receipt of your demand letter. I shall give it the consideration that it is due. Sincerely, [yourname]"

Hope this helps.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 32929
Experience: Retired (mostly)
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