I'm sure he told you that he must treat your husband as though he was his own attorney, and that includes dealing directly with him. The court wants things resolved without court involvement where possible, and your lawyer I'm sure told you that this includes him dealing with your spouse.
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If your spouse is representing himself, then your attorney is obligated to communicate with him or her, either by letter, email or phone. You should discuss this with your attorney so you understand his or her role better.
I concur with the recommendations of my distinguished colleagues. Whenever I have a Pro Se adversary, especially in a divorce case, I handle all communication in writing, so there is no misunderstandings or distortions of what has been said. Since you have an attorney, you should talk to your attorney about this.
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The Court will expect your attorney to communicate with a pro se litigant on the other side at various times in the litigation. Your attorney knows what minimum communication is expected and can chose to limit it to that. He or she cannot simply refuse to communicate since the Court will expect your attorney to attempt to resolve issues, not just prepare for trial. I agree with my colleagues who indicate that written communication is often the best way for this communication to occur. There will be case management conferences, MESP and other court appearances when face to face communication cannot be avoided and may be beneficial.
When someone represents him or herself in a legal proceeding, we call it "pro se." If your husband is representing himself pro se in your divorce, your attorney will have to speak to him in order to move your case forward to resolution, whether by agreement or by litigating the issues in Court. While its frustrating that you have to pay your attorney to talk to your soon to be ex, the Court expects that attorneys and pro se litigants communicate about the issues involved in the divorce proceeding. Your attorney can help minimize costs to keep the communications in writing, so there are no doubts about what is being said and what is being communicated. Sometimes, however, you can't just keep communications limited to a writing, and people need to speak, either by phone or in person. So you need to expect that your attorney may in fact have to address issues by speaking to your spouse directly. And remember that the Court will expect that your ex be prepared to address issues in Court as if an attorney were representing him.
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Yes to help you otherwise what sense does silence make?
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Yes, because he is the only person on the other side for that "party." There is no intermediary between your attorney and your husband, and if there was, that would be unauthorized practice of law, seeing that he does not have an attorney to fill that proper role. If in the middle of divorce proceedings, however, your husband hires counsel, it would then be appropriate for your attorney go through the opposing attorney, except in instances where the parties mutually stipulate otherwise (hopefully in a signed writing). I hope all the answers you have received from me and my colleagues are helpful and informative to you. I am sorry to hear of this unfortunate turn of events in your personal life, and hope that you will rebound and prosper very soon. Be blessed.
You don't want a situation where there is an allegation that an issue was not discussed with an attempt to resolve before it was taken to court. On the other hand, some pro se litigants will try to run up your bill by communicating with your attorney a lot. I always will communicate with pro se's only by email, and then Will keep the responses short so they can't run the bill.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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