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my response to CA's attorney needs critique

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CA attorney's [Asset's in-house] motion to attend hearing telephonically

what he states as grounds:

1. Plaintiff's counsel's practice is based out of XXXX, from which counsel prespresents Plaintiff in collection matters through out state.

2. It is approx a 3 hr drive by auto from xxx to xxx.

3. Requiring Plaintiff's counsel to expend 6 hrs in driving time to attend a motion hearing, in addition to the time spent in court, would place a severe economic burden on Plaintiff's counsel, when matter can be resolved telephonically in 15 min.

4. Finally, Plaintiff's counsel has made a good faith attempt to settle this matter with the Defendant prior to the hearing date.


Although Defendant does not oppose Plaintiff’s Motion To Attend Hearing Telephonically, she must point out that she fully objects to ground number four:

4. Finally, Plaintiff’s counsel has made a good faith attempt to settle this matter with the Defendant prior to the hearing date.

Plaintiff’s counsel has made no attempt that Defendant is aware of to settle this matter outside of the legal system. Plaintiff’s counsel has yet to respond to the debt validation request Defendant sent Plaintiff’s counsel on December 2, 2004 or the Interrogatories sent on November 30, 2004. Furthermore, Plaintiff has repeatedly failed to properly validate the debt it alleges Defendant owes yet is well aware of what constitutes proper debt validation through the numerous litigation it has initiated as Plaintiff as well as being named as Defendant in.

1. Do I need to add or delete anything in my response?

2. I need to send a copy of this to the Plaintiff as well as file it with the court?

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I would write the Court a letter referencing the lawyer's papers, simply saying you have no objection to him appearing by telephone, but you intend to be present in the judge's chambers for the hearing. And you want to respectfully inform the Court that the lawyer has ignored your DV and ignored your discovery demands, so it is inappropriate to say he has tried to settle when he has done nothing to put the parties in that posture.

original to the court, cc to the lawyer.

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Hey, you are the defendant right? They filed the action, they NEED to show up in court. You didn't ask them to file this suit in an inconvienent forum. Tell them you'd allow them to substitute counsel in for their case.

I'm sure it will raise a few hairs.


I don't think that'll fly. Telephone conferences are held all the time. I was even party to one and the court is only a few miles away, although it was a settlement conference.

If you try to oppose this , the court may take the view that you're being a "butt-head" and find disfavor with you.

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teh court will consider you a butthead.

Better to let the lawyer yack on the speakerphone, while you sit across from the judge in his chambers. Gives the judge a chance to see you are a sober, well-intentioned person with a legitimate gripe. Nothing wrong with currying favor. And you 'll see first hand how the judge reacts to the case.

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