CERTIFICATE OF CONFERENCE without conference?

[texastrail]

If counsel for defendant makes no attempt to contact me yet signs a Certificate of Conference stating "The attempt to confer with Plaintiff pro se was unsuccessful."

Is the attorney acting in bad faith? Should I do anything about this?

What's constitutes a "conference" duly sworn under oath??? I had no missed calls from him. No voice mails...Nothing!

Feedback much appreciated!!!

Thanks.

 

[army judge]

If counsel for defendant makes no attempt to contact me yet signs a Certificate of Conference stating "The attempt to confer with Plaintiff pro se was unsuccessful."

Is the attorney acting in bad faith? Should I do anything about this?

What's constitutes a "conference" duly sworn under oath??? I had no missed calls from him. No voice mails...Nothing!

Feedback much appreciated!!!

Thanks.

If the facts are as you relate them, such an action is unethical and violates the canon of legal ethics. Attorneys that "make things up", get in big trouble. They can be sanctioned, reprimanded, fined, held in contempt, and even disbarred.

You have a couple options. You could speak with the attorney about this. If you're not an attorney, I wouldn't try that.

You can inform the court via motion. Or, wait until the hearing. Make sure you have proof. Proof is always difficult in these cases.

You can report this to the Texas Bar Association or your county bar association.

You can speak with a local attorney about your options. Most local attorneys know how to bring this to the judge's attention.

I think you know the answer's to your other questions. This is just flat out wrong. Attorneys have gone to jail over this. In Texas, this is a felony offense on the criminal side!

 

[texastrail]

I did call and speak to the attorney yesterday... Caught him off guard when I asked him "Where do you get's off doing such a thing?" The hesitation in his voice made it obvious he knew he was in the wrong...My concern is, that because I'm representing myself pro se he thinks he can get away with things because I may not know any better...

I asked him to confirm the phone number he supposedly tried reaching me at? He verified my correct contact info.

I'm confident I have a strong case but out of sole purpose I am considering informing the court via a motion. If I did so, wouldn't the burden be on HIM to prove his attempt(s)? It's my understanding he would have had to make at least three unsuccessful attempts according to local rules. I can provide my cell phone records proving no such attempts.

The court date is set for tomorrow morning and the judge has not signed his order for a pre-trial on the continuance...

My worry is -Would it really be worth the time and hassle to attack the character of the opposing counsel at this point? My case is strong and he's an idiot in-house attorney for a insurance company. If I see his stupidity, I would hope the judge does to?

Thanks again for your time and input on this matter.

 

[army judge]

Trial strategy 101, never tip your hand until you're ready to spring the trap.

It isn't worth it.
Sometimes you just put stuff like this in your back picket.
It can always be used at a later date.

Another too: Never complain to the dog that bit you. It's a waste of time and effort. If you complain about the dog, tell the owner.