QLD Lawyer not confirming representation

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meegee

Well-Known Member
13 August 2020
61
1
199
my ex defacto partner previously had a lawyer retained for family and financial matters and may well have for a pending temp. restraining order on me.
I am self-rep at the moment and have asked the lawyers if they are still representing my partner or not as I have additional documentation to serve, however emails and phonecalls are not providing the required response. Is this normal??
 

meegee

Well-Known Member
13 August 2020
61
1
199
further update is that the other party lawyer wants me to pay a lawyer to write a letter confirming they are not representing me.....?
 

Harry De Elle

Well-Known Member
11 February 2017
25
0
121
Hi M, Keep it simple....Serve the documents both to the legal representative and your ex partner and move on. Don't allow yourself to get bogged down. Either way you will find out who represents who if you get a response. Then you can look at your alternatives if this fails.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,815
711
2,894
Sydney
What they want is confirmation, from your former lawyer, in writing,
that your former lawyer is no longer acting for you. At all.
That's because there's a prohibition on dealing directly with another lawyer's client.

So, if your former lawyer is somehow still acting for you
(even in the background, or to some sort of lesser extent than before,
or even if your former lawyer still has you "on the books" as a client),
then they (her lawyer(s)) are, as a matter of Professional Conduct Rules,
not allowed to deal with you directly.
So, they are asking you to have your former lawyer formally and expressly confirm
that you are no longer their client.