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-   -   Is it possible to cross examine STBX's counsel ? (http://www.ottawadivorce.com/forum/f3/possible-cross-examine-stbxs-counsel-21328/)

plainNamedDad44 09-18-2017 09:11 PM

Is it possible to cross examine STBX's counsel ?
 
Hi Community,

Can anyone tell me if its possible to cross examine not only STBX but STBX's counsel ?

I am certain beyond a doubt of STBX's counsel perpetuating lies. I believe I can show this at trial if I could examine her counsel as a witness.

As always... thank you.

PND

standing on the sidelines 09-19-2017 02:29 AM

What proof do you have other then what you feel?

I would think that you wouldn't be able to call her lawyer due to the whole client-/lawyer confidentalty thing.

Stillbreathing 09-19-2017 08:20 AM

There are circumstances in which a lawyer can become a witness. Such as when the judge orders both litigants counsel to attend at the marital home after court for one litigant to remove something from the home. Both lawyers have now become witnesses to what transpired at the marital home. Problem is that they can not act as your lawyer and a witness at the same time. It will be expensive to call them as a witness and would not be allowed by the court except under extraordinary circumstances. The TMC judge would need to give permission.

rockscan 09-19-2017 09:00 AM

Pnd, youve been through a lot so I will attempt to be as gentle as possible when I say this...

Everyone lies including your ex and her counsel. Her counsel is being paid to do her bidding. Stop focusing on the lies and what their motives or actions may be. Focus on pushing your case forward.

Youre losing focus by worrying about their behaviour. Stop!

plainNamedDad44 09-19-2017 09:35 AM

Quote:

Originally Posted by standing on the sidelines (Post 223659)
What proof do you have other then what you feel?

I would think that you wouldn't be able to call her lawyer due to the whole client-/lawyer confidentalty thing.

Hi, I have many written (email) statements provable has materially false.

plainNamedDad44 09-19-2017 09:40 AM

Quote:

Originally Posted by rockscan (Post 223661)
Pnd, youve been through a lot so I will attempt to be as gentle as possible when I say this...

Everyone lies including your ex and her counsel. Her counsel is being paid to do her bidding. Stop focusing on the lies and what their motives or actions may be. Focus on pushing your case forward.

Youre losing focus by worrying about their behaviour. Stop!

Rockscan, thank you for your response. I appreciate the sensitivity but no need.

The issue is that the lies are material in my opinion.

So isn't exposing their lack of credibility (STBX and lawyer) in fact moving my case along ?

Perhaps the way to do this is simply cross examine STBX regarding her counsels lies. She is after all instructing her counsel.

Thoughts ?

OrleansLawyer 09-19-2017 02:27 PM

Quote:

Can anyone tell me if its possible to cross examine not only STBX but STBX's counsel ?
Generally - no.

Quote:

I am certain beyond a doubt of STBX's counsel perpetuating lies.
You do not have any sworn statements from your ex's lawyer.
Your ex's lawyer has never met your kids or seen either of you parent.

There is nothing material that they could lie about. Anything a lawyer says about parenting, incomes, businesses, abuse, whatever - are things they have been told by their client.

What the client has told the lawyer, and what the lawyer has told the client, are protected by litigation privilege.

arabian 09-19-2017 02:48 PM

my ex's various lawyers used to lie outright in covering letters to my lawyer. They lied in court as well. I found that if I focused on the fact that they were merely messengers/slaves for my ex I could handle it better.

My lawyer met a few times in judges chambers to deal with one particularly incompetent lawyer. However, the matter was over my ex accusing my lawyer of physically threatening him. In the end it all reflected back on my ex's credibility.

In the big scheme of things it really matters not at all. Your ex's lawyer is doing their job - getting you to totally despise them so you take your focus off the prize.

trinton 09-20-2017 11:53 PM

I used to feel the same way, but later realized the lawyers only relay what they have been told by their clients. Yes, they do help clients summarize their thoughts , and lie at times.

Be mindful her lawyer can't take affidavit or orally swore something they know is not true. If there is something she doesnt want her lawyer to know, or doesn't want her lawyer to know the truth, then she will lie to her lawyer, and her lawyer will take that as the truth as the lawyer doesn't know what the truth is, and as that's what the lawyer has been told.

Ypu can't cross examine her lawyer. I woild take whatever her lawyer said as if your ex said it, and You basically cross examine your ex and if her lawyers says one thing and ex says another, then you point out the inconsistency and there goes her credibility. Or she could turn around say her lawyer misunderstood, which would look just as bad.

OrleansLawyer 09-21-2017 11:18 AM

Quote:

Be mindful her lawyer can't take affidavit or orally swore something they know is not true. If there is something she doesnt want her lawyer to know, or doesn't want her lawyer to know the truth, then she will lie to her lawyer, and her lawyer will take that as the truth as the lawyer doesn't know what the truth is, and as that's what the lawyer has been told.
This is the reason that criminal lawyers never ask if their client did it or not.


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