no, I have no intention to "kill the messenger." Really, you'll be surprised how much respect I have for you at the personal level because you have always been going out of your way in helping others. I still remember that in one of you posts you talked about being a public interest lawyer, and I told you that you have my respect -- really, I mean that.
I agree with you on your answer here only to the extent that you are giving a personal advice. Actually, your personal touch on all your answers is touching. I also agree with you that the case is lose-lose situation. But I am sure you've seen enough case in which people fight for the sake of principle and whatever they think it is, even though the expense is way over the reward.
All right, standing question -- the judgement directly affects her benefit, for that she has standing in the case. As to the court, if it's a state court, she could seek to avoid solely on the basis of technicality. But she really needs a lawyer to do that -- the issue is more in the civil procedure than in family law. As a plaintiff, she only needs to agree to the personal jurisdiction of her choice of court -- the problem is defendent's personal jurisdiction. And if she chooses the original court, there is res judicata issue. Maybe the federal court in the same state -- subject matter based on diversity, then on the family law matter, fed. court will refer to the state court, then we are back to the res judicata issue. I am just thinking out aloud here. Again, I am not giving out legal advice here, and have not done research on the issue, and have to citations for you. The bottomline is I am not writing a legal brief, and thank goodness for that.
As you've already pointed out, the case could blow into a very complicated one. If I spend sometime doing some research, I am sure I could find a anwer for you. But on the other hand, I am sure you are just as good in finding the answer yourself. Because of my time constrain, my advise for her would be to seek professional help. But as a nonlegal advice, I would say yes, most likely, she could have a second shot in a court.
As to the fact that the wife has no notion of divorce at all. It happens all the time. It's the plaintiff's responsiblity to send the notice. Most courts do not check into that.
And, to LZ, $200/hr really is a current market price for legal service. Most firms bill way over that. But ask around for solo practicioners -- they are more flexible in billing, and most of them will consider bill on the case-by-case basis, i.e. they will take a divorce case for maybe $5000. You could negotiate and bargain. But really, find a reputable one. The quality of lawyers varies greatly.
My last note to you, old cat, really I did not mean to makes you feel bad or look bad in any way. One thing I've learned is that giving client all the information -- but whether to go forward or not, it's a judgement call that should be made by the client, not lawyers. It's in ABA's model rule of PR.
I agree with you on your answer here only to the extent that you are giving a personal advice. Actually, your personal touch on all your answers is touching. I also agree with you that the case is lose-lose situation. But I am sure you've seen enough case in which people fight for the sake of principle and whatever they think it is, even though the expense is way over the reward.
All right, standing question -- the judgement directly affects her benefit, for that she has standing in the case. As to the court, if it's a state court, she could seek to avoid solely on the basis of technicality. But she really needs a lawyer to do that -- the issue is more in the civil procedure than in family law. As a plaintiff, she only needs to agree to the personal jurisdiction of her choice of court -- the problem is defendent's personal jurisdiction. And if she chooses the original court, there is res judicata issue. Maybe the federal court in the same state -- subject matter based on diversity, then on the family law matter, fed. court will refer to the state court, then we are back to the res judicata issue. I am just thinking out aloud here. Again, I am not giving out legal advice here, and have not done research on the issue, and have to citations for you. The bottomline is I am not writing a legal brief, and thank goodness for that.
As you've already pointed out, the case could blow into a very complicated one. If I spend sometime doing some research, I am sure I could find a anwer for you. But on the other hand, I am sure you are just as good in finding the answer yourself. Because of my time constrain, my advise for her would be to seek professional help. But as a nonlegal advice, I would say yes, most likely, she could have a second shot in a court.
As to the fact that the wife has no notion of divorce at all. It happens all the time. It's the plaintiff's responsiblity to send the notice. Most courts do not check into that.
And, to LZ, $200/hr really is a current market price for legal service. Most firms bill way over that. But ask around for solo practicioners -- they are more flexible in billing, and most of them will consider bill on the case-by-case basis, i.e. they will take a divorce case for maybe $5000. You could negotiate and bargain. But really, find a reputable one. The quality of lawyers varies greatly.
My last note to you, old cat, really I did not mean to makes you feel bad or look bad in any way. One thing I've learned is that giving client all the information -- but whether to go forward or not, it's a judgement call that should be made by the client, not lawyers. It's in ABA's model rule of PR.
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