Friday, February 3, 2012

Lawyers. Ugh.

How can you tell if a lawyer is telling a lie? His lips are moving....

Normally I hate those kinds of lawyer jokes. I try so hard to be decent, trustworthy, honest... I don't like to be made fun of in that way... but sometimes I totally see where these things come from.

I'm currently dealing with a case in which the attorneys on the other side are untrustworthy. They literally lie and cheat. It is despicable. They are the type who give rise to "jokes" like the one above.

Example: Case is pending in a forum which allows for electronic filing of documents and service by email or U.S. Mail. You get 5 days to respond, but you get extra time added to that if service is by U.S. Mail. Attorneys for the other side e-filed a motion. The service certificate attached to the motion states that they emailed it to me on the date it was filed. It does not state that it was snail-mailed. I received a copy via U.S. Mail 5 days after it was filed. Remember: the response time was 5 days, if served by email. So now I am receiving a motion and the response is due later that same day.

So I called and told them I did not receive the emailed copy and had just received the mailed copy, and asked if they would stipulate to extend the response time. They refused. They forwarded me a copy of an email confirmation from the Court allegedly proving that they emailed a copy to me on the day they filed it. I emailed back, explaining that their mistake was now clear -- they had entered the email address improperly, and so it did not get to me. They still refused to stipulate to an extension.

So I filed a motion to extend time, explaining to the judge that I had not received the motion until 5 days after it was filed, via U.S. Mail, and asking for more time to respond.

They had the nerve to file a response to my motion, attaching the email confirmation from the Court, and claiming that it "proved" they had served me by email on the day they e-filed the motion. A flat-out lie, given that I had already explained to them their error and that, even if they tried, they did not in fact email me a copy.

So then I had to file a reply, explaining the whole incorrect email thing. I attached a copy of the email I had sent them explaining about the incorrect email entry -- which was sent well before the time they filed their response alleging proper service.

The judge granted my motion for extra time to respond to their motion. I hope he also realizes they are lying scumbags at this point, and will be skeptical of any other "facts" they allege.

Sidenote (because, for now, I'm tired of footnotes): Typically in this forum, if you think you have properly served someone by email, you would not send another copy via U.S. Mail. So, the fact that they sent a copy by mail makes me think they actually knew, before I told them, that they had not in fact properly emailed their motion. Lying rats.


Janie Junebug said...

Of course they knew. But I think lawyers are like other people: Some are great and some are conniving butt heads. My children's godfather is a lawyer. I trust him completely. The first divorce lawyer I had never did anything, never filed on single affidavit, and when I persisted in asking why she hadn't filed anything, she got angry and quit. So I had to find another lawyer over the phone. I got lucky and Lawyer #2 was a good guy. And then there's a certain LegalEagle of whom I'm very fond.

Janie Junebug

P.S. I don't like lawyer jokes very much. They aren't fair. People bitch about lawyers but when they need one, they're grateful to get somebody.

Scope said...

I work for a large law firm in IT. (Two of our alumni live in a pretty famous house out in DC). I can tell you some of them are great people. Others are the most privileged prima donnas you will ever have the honor of being berated by.

And just when we were ramping up and getting worried that our (expensive) court date / mediation was approaching, and we hadn't heard from my wife's EX on our custody case, we received a "Notice of Intent To Withdraw" from his lawyer. (Sounds like something a pre-law student tells his date in the back seat of his car.)

Cora said...

Hmm. My ex has (or HAD) a lawyer who played games like that. He just made everything twice as expensive for everyone involved. It was so frustrating.