[Hitch]

Originally Posted by Rumpelteazer

We know how expensive court cases can be. We've been through several rounds in the last four years and there are still several active.

We don't mind paying for the copying and the shipping, but the €1500 is beyond silly. My father called the solicitor and offered to have my uncle send in the papers to the solicitor and that my father and aunt will go there to copy/scan all the papers. However, the solicitor wanted to have one last go at trying to get my uncle to be reasonable and will invite him to the office (my uncle will probably claim travel expenses for the trip ), have him take the paperwork with him and try to reason with him. We already know that this won't work.

Ain't family fun? BTDT. I feel for you, I do.

As I've said we've been trying to get our hands on the bookkeeping for years. When my grandmother died those papers became property of all the heirs, so he should share them. We've considered staring another lawsuit to get the papers, but according to our lawyer, it would most likely be a waste of money. Because you can't force someone to hand over the evidence that he/she did something illegal.

Well, actually--that's what discovery IS. You are requiring them (and they you, in the usual course of things, albeit apparently not in this case) to turn over all their paperwork, documents, etc., specifically for the purpose of using that paperwork to indeed, prove that he did something illegal. Otherwise, there's no point in doing discovery. What does your lawyer say that the discovery is for, if not to prove your case? Which is, that The Unk did something illegal?

I have to disagree rather strenuously with your lawyer, there, but, then again, you live in Europe, and y'all have a different legal system. In the US, I'd be a bit dismayed to hear a lawyer say that.

And we're sure he did mess about with my grandmother money.

Right. The aforementioned wrongdoing, of which, hopefully, the discovery will reveal said wrongdoing. Otherwise, as I said--why do it in the first place? (As you can tell, your lawyer's comment really blew my mind.)

We'll see where it ends, but I'm sure my uncle's quote of €1500 is because he knows he can't refuse to hand over the papers but he wants to stop it by asking so much money for copying it.

Well, there's always the outrageous idea of just having The Unk take it to a regular copyshop, and getting a quote for the work. We did that several times during contentious discoveries, when one side or the other got their knickers in a twist over copying costs and the like. A copyshop quote always seems to quell the debate over the costs of the copying. High, low, or indifferent--at least a professional who's independent priced it.

I really do hope for your sake that The Unk caves in, sooner rather than later. Lawsuits amongst family always cause more damage than they solve. I mean, obviously, not every. damned. time., but often enough.

Hang in there, Rumple.

Hitch