Can opposing counsel be held in contempt for purposefully misleading by suggesting proposal, but later denies/fails to do it?
Going through divorce, and ex's attorney has been misleading the entire way.
1) he claimed he was fine with the service being substituted as ex was traveling, but then he went to file a motion to quash.
2) he, the attorney claimed to want to negotiate a settlement, but after I accepted mediating for a settlement he took almost 3 weeks to get back to me to sign a stipulation agreement and to schedule/arrange a date and mediator.
3) he claimed my ex would not fight for custody, my ex delayed and delayed responding to petition and went traveling w/no contact of our kid until now he wants custody and palimony).
4) Lastly, he finally agreed to all the terms, but now wants me to pay for it when he said his client would pay.
This is ridiculous, is there any penalty I could seek for him?
Nathan’s Answer
If you cannot obtain representations in writing, signed by the other attorney, you should not assume that anything you interpret will occur as anticipated by mere representations of another side in an adversarial contest. It is unfortunate that courtesy is lacking in this contest in particular, but it can happen from time to time even among counsel.
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