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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 11-11-2016, 11:02 PM
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Default local vs out of town counsel

Friends,

Appreicate all of your continued support, advice and/or opinions.

I have consulted numerous reputable counsels locally and out of town. Some of these lawyers include very reputable lawyer from Toronto and a trial lawyer from hamilton who has very good reputation before Justice Pazaratz - the Hamilton lawyer knows my local judge that is presiding over my hearing. They have reviewed the documents and have all stated I'm on the right track with my case and have genuine issues to argue for joint custody and shared custody. They have stated the case will proceed with the focus hearing, at which point I could request OCL or section 30 and proceed with amending my pleadings and setting a trial date. Some have said I should set the trial date now and push for it - some records from child's counselors have blocked out comments - I was advised this information will need to be unfiltered if the matter goes to trial.

Many of these lawyers have oponionated that I don't need a lawyer at this stage and won't until the records from POLICE and CAS are released and when my factum is due. Even then, the lawyers can do the factums and prepare all the documents and I can attend my self.

I really wish to go ahead with the lawyer in Hamilton Ontario. Only thing holding me back is that I was told, by a counselor (very educated and experienced), that it would be better for me to retain local counsel - that local counsel would have better relationship with the judge - and that the judge may very well change and the out of town lawyer may not know that judge - this is of course from the perspective of a mental health professional.

I was advised by other lawyers that it doesn't matter whether the lawyer knows the judge or not, it all comes down to the facts of the case.

I am in this big massacare of who to retain, they are all experienced reputable lawyers with good reviews.

Any thoughts and/or suggestions would be greatly appreciated. I'm not to kneen on new lawyers, while they do have a lot of time on their hand, they will very likely blank out against arguments that are made by senior experienced counsel on the other side.

Last edited by trinton; 11-11-2016 at 11:07 PM.
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Old 11-11-2016, 11:48 PM
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For real?
I'd never thought about retaining a lawyer to customize the off-chance that I got a specific judge.

I'd recommend that you focus on your issues and prepare accordingly.

Remember that the decisions in CanLii that you have read from your favorite judge are likely but a small percentage of cases that come before him.

Am I missing something here?

I would think that you retain the lawyer that you think will best represent your situation regardless of which judge hears your matter.

You are over-analyzing things that are beyond your control.
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Old 11-12-2016, 02:04 AM
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Quote:
Originally Posted by arabian View Post
For real?
I'd never thought about retaining a lawyer to customize the off-chance that I got a specific judge.

I'd recommend that you focus on your issues and prepare accordingly.

Remember that the decisions in CanLii that you have read from your favorite judge are likely but a small percentage of cases that come before him.

Am I missing something here?

I would think that you retain the lawyer that you think will best represent your situation regardless of which judge hears your matter.

You are over-analyzing things that are beyond your control.
the more lawyers I speak to the harder it becomes to make the decision..

her lawyer is experienced and reputable. 20 years experience or so and is currently sitting on OCL panel list.

Do I want a lawyer with 5 years experience, 2 years experience (hell no), 20 years experience locally or 20 years experience far out.. do I want to represent myself..

perhaps I need to pull a ticket out of a hat?
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Old 11-14-2016, 11:31 AM
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Originally Posted by trinton View Post
perhaps I need to pull a ticket out of a hat?
No. You need to trust the professional you retain and LISTEN to them. Also, you don't need to understand everything about the law. This is why you HIRE A LAWYER and PAY FOR THAT LAWYER.

Out of town lawyer = $$$. Always.
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Old 11-14-2016, 12:53 PM
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Quote:
I was advised by other lawyers that it doesn't matter whether the lawyer knows the judge or not, it all comes down to the facts of the case.
And so you were given an answer.

Considerations for an "in-town" lawyer:
- They probably have a relationship with your ex's lawyer and therefore can help progress negotiations (or hurt, if they don't like each other. It happens.)
- They will be familiar with local practice

Considersations for an out-of-town lawyer:
- If you are also out of town, saves you the drive in
- But appearances and filing will cost you more because of the distance
- They may not know your ex's lawyer, which risks one side being more adversarial out of caution
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Old 11-14-2016, 06:17 PM
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Originally Posted by OrleansLawyer View Post
And so you were given an answer.

Considerations for an "in-town" lawyer:
- They probably have a relationship with your ex's lawyer and therefore can help progress negotiations (or hurt, if they don't like each other. It happens.)
- They will be familiar with local practice

Considersations for an out-of-town lawyer:
- If you are also out of town, saves you the drive in
- But appearances and filing will cost you more because of the distance
- They may not know your ex's lawyer, which risks one side being more adversarial out of caution

Those are great answers. Now, senior "experience"d or junior "smart" lawyer?
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