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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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  #1 (permalink)  
Old 01-28-2008, 01:10 AM
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Default How realistic is it to represent oneself for Trial?

Hello,
Just wished to know your views....

Have you done it?
Would you do it?
If you have, would you do it again? (not that you'd want to really.. but..lol!)

Thanks for sharing.
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Old 01-28-2008, 12:48 PM
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Default self represented

I've been self represented for Provinicial Family Court.

In my particular case there are so many pieces of the puzzle that I feel our story is told best, by me. Therefore I'm also able to answer direct questions and I'm able to cross examine witnesses effectively.

I have a very supportive Court Registery, Judicial Case Manager and the legal advise from this forum and Dail-Law have been invaluable. I've researched other cases on CanLii and became familiar with the FRA.
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Old 01-28-2008, 12:55 PM
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Default

inlimbo,

Many individuals are now self representing themselves in family court basically as they make too much income to qualify for legal aid assistance but have insufficient funds to fund their litigation. Its ridiculous to spend an equivalent of a child's post secondary education expense when one could do it themselves and end with the same result. No one knows your case better than yourself and having said that it is wise to educate oneself what the court will be looking for and leave out the rest of the secondary details.

lv
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Old 01-28-2008, 01:55 PM
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Default on Trial

I agree....on a principle level I see clearly what you are both saying.

However, what i find hard is, on a practical level how does one go about to know what the Court allows to be used as evidence on a Trial related with a MObility Motion?
It is the procedures & presentation I find may make one disadvantaged..no?

Also, how much weight should be given to the comments from Case conf judge when they say "I urge you" to get counsel. I mean, do they reallllllllllly mean it or is it a standard statement?

Oh my, forever inlimbo!!!! Thanks.
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Old 01-28-2008, 02:24 PM
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Default

The cost of a lawyer is immediately crippling for me, but I am going to try and go that route for the first while at least. Despite the resources and advice given here, family law is a murky minefield and I just don't trust myself to do an adequate job.

Perhaps that might change we get into things, but for now I'm just terrified to make a wrong move. So much depends on these decisions.

My hope is that we can mediate a settlement through the lawyers and avoid going to court, but I doubt it. If I self-represent, it will my last resort.
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Old 01-28-2008, 05:20 PM
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Default Hi There

I have no experience of self representation but its true that Mr Judges are more comfortable if both the parties are being represented by their respective councils.My ex after changing three lawyers started representating himself ( I must say he did a very BAD JOB) and thrice the court was adjourned giving him the time to find a new lawyer.If you are confident and the case is straight then atleast give it a try.

Sufferer
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Old 01-28-2008, 05:41 PM
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Default Hi There

I have no experience of self representation but its true that Mr Judges are more comfortable if both the parties are being represented by their respective councils.My ex after changing three lawyers started representating himself ( I must say he did a very BAD JOB) and thrice the court was adjourned giving him the time to find a new lawyer.If you are confident and the case is straight then atleast give it a try.

Sufferer
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Old 01-29-2008, 05:53 PM
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Default Are you capable?

If you are going to represent yourself you must be capable of doing an adequate job. The biggest hurdle is to get over your fear. You must have the ability to see your arguements from the court's view and child's best interest. Set aside anger. Research.
You will know your case better than any lawyer. Lawyers have dozens of clients. They don't know the small, yet important facts. The best person to represent you is yourself.
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Old 01-29-2008, 08:40 PM
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Default research

I've used CanLii to find simular cases to give me guidance, here is the link...

http://canlii.com

Good luck in your endevour!
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