Q: Do you have to infom the other party if you have a lawyer?
My ex filed for a modification of child support back in February. Finally at the end of the July the courts informed us that they felt a court date would be necessary to resolve the matter. Since then my ex has been sending emails quoting laws, sending Pattern and Non Pattern Requests, and many other items that sound like a lawyer talking and not him. Today he sent me an email asking when I would have the documents he requested ready and cc'd an attorney on them. Does he have to inform me that he is using an attorney? All of his documents say Pro-Se on them.
A: Your ex may be consulting with an attorney. He does not need to tell you about that. If the attorney drafts any pleadings for him, that needs to be disclosed on the pleading, EXCEPT for pre-approved forms such as the Pattern Interrogatories and Requests. The non-pattern requests should have the disclosure if they are prepared by an attorney. You should retain an attorney to even the playing field.
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A: He does not necessarily have to inform you that he is using an attorney, communicating with an attorney, etc. However, if the attorney is drafting court pleadings for him, the attorney should be putting a certification on those pleadings pursuant to C.R.C.P. Rule 11.
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