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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-13-2015, 02:12 PM
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Default Costs of going to Trial

Hey everyone,

For those of you who have gone thru a trial, how much did it cost for you?

I got a figure of 30K, but I hear that's the median.

Initially estimated for a 5 day trial, but will hopefully be less.

Thanks!
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Old 10-13-2015, 05:52 PM
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Where did you get such a low figure? Are you going self-rep? My lawyer refuses to give me an estimate so that I can budget for it and/or decide whether or not I must go self-rep. All he keeps saying is that he can't finance litigation. To which I reply that neither can I.
Some trials are scheduled for 3 days and morph into 5 weeks. I have no idea how much trial will cost. I estimate at least $100,000 to start. I have already spent my life savings and am no longer paying my lawyer with money . I am paying him with debt. I refuse to go bankrupt over this bs.
I'm at the point now where assets be damned. Willing to walk away if it means never having anything to do with my ex in any way shape or form ever again. I want that man out of my life.
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Old 10-13-2015, 06:06 PM
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I'd ballpark $10g/day
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Old 10-13-2015, 10:59 PM
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Quote:
Originally Posted by mcdreamy View Post
I'd ballpark $10g/day
Is that in rupees? Where does that money go to?
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Old 10-13-2015, 11:58 PM
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Straight to the firm’s bank account, at $.77US, .68EUR, 50.05INR or $1CAD.

See the linked article from the Canadian Lawyer mag. Take some time to click on the link to the survey, and check the rates in your area.

The Going Rate http://www.canadianlawyermag.com/5610/The-Going-Rate.html


Author, McKiernan, Michael: Michael McKiernan
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Old 10-14-2015, 08:10 AM
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Bautista27
I have been to trial twice. I have self rep'd both times. Cost me 5 vacation days the first time and 3 vacation days the second time. Research and prep time probably 100 hours of my own time each time (after work and weekends).
I believe you know your case best so you are able prepare more efficiently then a stranger; however you must remain focused on the issues for trial and really know the processes. Find your free resources.
I was fortunate that I actually received costs enforced as child support both times but I saved up so I was ready to pay costs for the lawyer on the other side if things went south.

I know the other sides lawyers bill for both was close to 50 000. Always best to settle if you can!!!
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Old 10-14-2015, 09:08 AM
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Personally if you have a lawyer you can consult and you are well spoken, a reasonable debater and can control your emotions I don't think you need to actually retain a lawyer
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Old 10-14-2015, 12:26 PM
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All good points, everyone.
Because I am facing an uphill battle due to the OCL report, false allegations and a child being removed from the home without consent, and from what I hear, a judge pool that may come with historical prejudices on the side of the mother, the money would be well spent on a bulldog.

I've self-rep'ed for settlement conference, so I've saved some money, so far.

Excellent article, McDreamy, thanks.
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Old 10-14-2015, 12:50 PM
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So far I haven't been that impressed with lawyers, my lawyer was a complete dufus, my ex-wife's lawyer has only succeeded at anything due to massive incompetence or bias of a specific judge - in almost every other hearing the cases went pretty much how you'd expect. I've also had consultation with several lawyers throught my story and I can literally say that for the same question 3 different lawyers gave me 3 different answers and it was just a matter of determining what the meaning of a specific judgement was.... the answers ranged from one extreme to the other.

Normal Judges

They file contempt - they lose
They ask for 13,000$ in legal fees, they get 3,000$

Moron Judge:

-They ask for 10,000$ legal fees - they get it

-They ask for 35,000$ including pre-martial fees - they get it

-They ask for alimony to continue - the judge is TRIPPING over himself to give it to them - to the point that the attorney for my ex-wife has to tell him that he can't do that....

I think things are more related to the judge rather than anything else.... I would say 60% of the case depends on the judge and 40% depends on the merits, the lawyers, the clients etc...


_______

A good analogy for judges are diggers....

Depending on the outcome a judge wants they dig appropriately till they do enough analysis to get their result.

Let's say on the surface everything looks fine.
Judge digs deeper finds a specific issue
Now they make their judgement based on that specific non-obvious issue.

Let's say there is a surface problem - judge refers to that problem and he has his answer, no need to dig deeper.

That type of digging is unappealable & as long as there was no documentary proof of an significant error.

How scary is that?
___________
You can get whatever lawyer you want but if judge doesn't believe dads are equivalent parents then you aren't getting jack.

Last edited by Links17; 10-14-2015 at 01:02 PM.
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Old 10-14-2015, 07:29 PM
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Quote:
Originally Posted by Links17 View Post
___________
You can get whatever lawyer you want but if judge doesn't believe dads are equivalent parents then you aren't getting jack.
I'm curious. Do you think that being declared as a vexatious litigant is going to work towards or against your benefit in finding any future counsel? I don't know anyone who would willingly pick up a vexatious litigant without some serious cash retainer.
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