User Topic: Discovery issues ~ Help!
Member # 8142
Default  Posted: 11:43 AM, July 15th (Monday)

After my biopsy today, I am going to my attorney's office to FINALLY pick up STBX's Discovery CD.

My attorney is not giving me time! The Judge wants a Settlement arrived at by July 29th! (Or he said it will go to Trial!)

Is this carved in stone?!

I feel my lawyer should have made a copy for me of the CD when she received it to give me adequate time to review it.

Does anyone here know what I can do to slow this train down so she can ask WH the questions needed?

She even admitted he was "hiding money" but seems the Settlement I was offered last month is one I should jump at.

Can't she get a "continuance" from the Judge?

This just stinks!

I am under a lot of pressure.

~XWH told me what I wanted to hear but he always did whatever he wanted to do~

Posts: 25435 | Registered: Sep 2005
Member # 1330
Default  Posted: 12:20 PM, July 15th (Monday)

I think she should ask for a continuance, stating insufficient time to review the documents (were they late--runs in my mind this is the case). If the docs were I deed late, I think you are fine with a continuance, but the other side must agree.


FBS: Married 20 years, 2 daughters 25 and 22. Divorced by the grace of GOD.
D-Days: 2/23/93; 10/11/97; 3/5/03
Ex & OW Broke up 12-10
"An erection does not count as personal growth."

Posts: 29678 | Registered: Apr 2003 | From: Massachusetts
Member # 8142
Default  Posted: 1:17 PM, July 15th (Monday)

Late? No sure.
How "late" is late?

L is getting difficult to deal with when I need her the most!

WH sent my support check on time for July but she went on vacation so it just sat in her office for 2 weeks, too.

While she was on vacation, I could have been checking out the CD.

She keeps telling me that WH does NOT want to make the 300+ mile trip over to where I live with his attorney. I have no idea why WH is so freaked out about stepping into a strange courtroom in a big city.
Its not like he does not have the $ for it (paying his L and overnite accomodations, meals, etc.)

Is this the ugly control freak NPD showing?

~XWH told me what I wanted to hear but he always did whatever he wanted to do~

Posts: 25435 | Registered: Sep 2005
Member # 8142
Default  Posted: 1:42 PM, July 15th (Monday)

L states that WH stated he paid for my dental bills which is an outright LIE...I called the dental office and the insurance company and was told they sent him the checks (he never told me about them)...and that it shows he CASHED the checks!!

My L just shrugs her shoulders...

"Perjury" is a JOKE.

~XWH told me what I wanted to hear but he always did whatever he wanted to do~

Posts: 25435 | Registered: Sep 2005
Member # 34525
Default  Posted: 3:12 PM, July 15th (Monday)

It sounds like you are profoundly unhapy with your attorney (it sounds like for good reason). Is there any way you could hire a new one? That would also give you more time to review the discovery CD, because you would need time to bring the new L up to date.

Have you thought of hiring a forensic accountant re: your STBX hiding money?

Sorry that you are going through this, and with a shitty L to boot.

BS (me) - 41
WH - 48, EA with HS GF x 2
M: 10 years, T: 20
2 small children
DDay#1 - Christmas 2011 (OW#1)
Confronted - 4/6/12
DDay#2 - July 9, 2012 (OW#2)
He is an SA (Oct 2012)

Posts: 827 | Registered: Jan 2012 | From: the other side
Member # 35812
Default  Posted: 7:35 PM, July 15th (Monday)

Walk into your lawyers office, sit down, and ask her, for the record, exactly who she is representing? If it''s your STBX, then she needs to start billing him while you go find another lawyer. If its you, then she needs to get off of her ass and start representing YOU!

She can petition the judge for more time because she f-ed up and didn''t get you the CD in time for you to review it, especially as you are having health issues.

She sat on your check for 2 weeks? Hello! Doesn''t she have an assistant? Geeze, I open my boss''s mail and take care of everything while she''s gone. Isn''t your lawyer capable of hiring someone to do the same? I don''t suppose that she''s offering you any interest on the check being as she kept it.

WH doesn''t want to make the trip with his attny? Well, boo frigging hoo. Again. Who, exactly is she representing? Your STBXs wants are not your nor her problem. Geeze!

Imagine a ship trying to set sail while towing an anchor. Cutting free is not a gift to the anchor. You must release that burden, not because the anchor is worthy, but because the ship is.

D-Day, June 10, 2012

Posts: 4962 | Registered: Jun 2012 | From: So California
Member # 8142
Default  Posted: 5:40 AM, July 16th (Tuesday)

I can't sleep.
That biopsy was worse than I thought it would be! I finally took a Vicodin which made me so freaking nauseous and gave me a headache on top of the pain in my navel.

Thanks for all the great advice here...Skan~ she went on HER sweet vacay 1st, then her para legal took her vacay. L actually sat on my support check over 2 weeks!

I've read about the "blinking first" here when people are so overwrought and now I finally get it -- about that.

I am still in pain and really worn out...hopefully I can get back to sleep.

~XWH told me what I wanted to hear but he always did whatever he wanted to do~

Posts: 25435 | Registered: Sep 2005
Topic Posts: 7