This is a good question because it happens more often than you'd think, and the legal profession doesn't want you to know this. Divorce attorneys are particularly susceptible to being flakes. I know because I deal with divorce lawyers every single day, and many of them (though not all) are incompetent flakes. It is not unusual for these kinds of attorneys to ignore phone calls, missed filing deadlines, fail to appear in court, etc. So if in your case the lawyer for the opposing party is ignoring you and/or the efforts of your attorney to move the case forward, it could very well be because the attorney is just not interested in the case and will wait until the court slaps his/her hand to get back into the game. It could also be that the lawyer in question has a substance abuse problem or some other problem that is distracting him or her, such as a gambling addiction or soap opera-like personal life. as you pointed out, it could also be the case that this lawyer is simply stalling for strategic or tactical advantage in the case. Finally, it could be that the attorney has a genuine emergency or personal problem over which you are she has no control. But you don't care what the reasons are for the delays, you just the delays to end and for the case to proceed. If despite the efforts of you and/or your attorney to get the opposing lawyer to proceed expeditiously with the case, nothing is happening or things are happening, but at a glacial pace, you and/or your attorney are allowed to file a motion to have the opposing lawyer disqualified and removed from the case, even if the client objects. Talk to your attorney about a motion to disqualify an opposing attorney.
Answered on Dec 31st, 2013 at 11:29 PM