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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19664
Experience:  B.A.; M.B.A.; J.D.
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My lawyer has indicated in writing that she believes after a

Customer Question

My lawyer has indicated in writing that she believes after a 4 way conference with my x her lawyer and my lawyer we have an agreement substitive in nature. Now the other lawyer wont return calls after numerous attempts. what is my option at this point as it appears my x and her lawyer is bleeding the fees (her and my lawyer) and not participating in good faith. How many days of this legally do I have to wait before forcing this to court and if so under what argurment (purposeful delay)?
Submitted: 2 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

I am sorry to read about your difficulties.

If your calls or your Attorney's calls are not being returned by the opposing party, then you should consider the agreement null and void and proceed to Court for resolution of the case. Your reason would simply be that the parties could not negotiate a settlement and you now want the Court to decide the matter. You can also mention that you thought that agreement was reached. However, the other party has now refused further communications forcing you to look to Court for resolution of the issues.

Best wishes,

Customer: replied 2 months ago.
My concern is I paid counsel to hold this meeting to which we all parted in agreement as I heard from opposing counsel and my lawyer. I then pay my lawyer to draft the settlement to which we all were in agreement with and were putting it in writing. I am unjustly paying legal fees for prep, conference time, and writing a settlement all that ends in court. I am out a ton of money for the opposing counsel to play this game and not deal in good faith. What is the legal ethically obligation of opposing counsel to respond and not drag out an exercise in futility? This tactic could be used everytime to bleed legal fees knowing they never intended to settle and just wanted to cash in and draw out more financial pain.
Expert:  Phillips Esq. replied 2 months ago.

My concern is I paid counsel to hold this meeting to which we all parted in agreement as I heard from opposing counsel and my lawyer. I then pay my lawyer to draft the settlement to which we all were in agreement with and were putting it in writing. I am unjustly paying legal fees for prep, conference time, and writing a settlement all that ends in court. I am out a ton of money for the opposing counsel to play this game and not deal in good faith.

Response 1: I hear your frustrations. However, an agreement is by mutual consent of the parties to the agreement. If the other party to the proposed agreement has decided to withdraw her consent, you cannot force her to come to back to the table. Your only recourse would be to take the matter to Court and let the Court resolve the issue.

What is the legal ethically obligation of opposing counsel to respond and not drag out an exercise in futility? This tactic could be used everytime to bleed legal fees knowing they never intended to settle and just wanted to cash in and draw out more financial pain.

Response 2: An Attorney has legal obligation to be fair to the other parties in the case. However, if an Attorney continues to be unresponsive, the only way to get the Attorney's attention would be to take the issue to Court and ask for resolution from the Court.