Tuesday, September 11, 2007

can't teach an old dog new tricks

Remember the attorney who supposedly wants to get things moving for a custody evaluation but then files a contempt bringing the whole process to a stop?

After the contempt was filed my office served by mail four sets of discovery - requests for admissions, form interrogatories (General), special interrogatories, and requests for the production of documents.

Last time I was in court while my client was pleading not guilty to the contempt, I specifically requested that the court delay the arraignment so that discovery responses could first be reviewed. The attorney stated in open court that the discovery responses would be out the following day - now two weeks ago.

No responses were received, so we had to file four motions to compel and/or deem matters admitted. The earliest day I could get into court is also the date the trial on the contempt is scheduled. Chances are, the trial will be continued, further dragging the whole process out - because opposing counsel refuses to cooperate with discovery.

This is especially stupid for opposing counsel to do since I already have filed a motion requesting sanctions based, in part, on the fact that all of my offers of settlement, compromise, easier ways to do things, etc. have been ignored - not turned down, just completely ignored. So, while that motion is on calendar, what does the attorney do with regard to my discovery requests - ignore them, forcing me to file another motion requesting sanctions.

The question is, why would the client put up with this?

No comments: