Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 04-03-2011, 07:15 PM
Junior Member
 
Join Date: Mar 2011
Location: Petawawa
Posts: 24
tlwa is on a distinguished road
Default Self Representation

I would like to ask a few of the more experienced and knowledgeable people on this site that have represented themselves about the experience. I realize that it is a pretty challenging undertaking as I start the process. This site is a big help with a lot of the laws and just general info. But my ex has a fairly well respected lawyer and I’m nervous that there may be some prejudice on the part of the judge as me coming off as a cheapskate, who refuses to pay for a lawyer. All the lawyers I have talked to say my particular case is to complex for me to self represent. Any feedback on the pros and cons of self representation is greatly appreciated.
  #2 (permalink)  
Old 04-03-2011, 07:54 PM
Junior Member
 
Join Date: Mar 2011
Location: Petawawa
Posts: 24
tlwa is on a distinguished road
Default

Maybe if more people successfully self represent themselves the lawyers will start to re-evaluate thier $200 on the cheap to $500 an hour fee they charge. Sites like this one and other resources on the internet definately make it more doable than it would have been 5, 10 or 15 years ago.
  #3 (permalink)  
Old 04-03-2011, 08:01 PM
Junior Member
 
Join Date: Mar 2011
Location: Petawawa
Posts: 24
tlwa is on a distinguished road
Default

Oh really! Do you know the name of it and how i can go about getting it?
  #4 (permalink)  
Old 04-04-2011, 12:08 AM
wretchedotis's Avatar
Senior Member
 
Join Date: Oct 2009
Location: ON
Posts: 2,317
wretchedotis is on a distinguished road
Default

its intimidating, to say the least.
unfortunately a final order doesn't seem to be the end of litigation, so I wouldn't mind a copy of this book either.
All I ever did was present as strong and as rational an arguement i could.
i also made sure it was my materials were totaly devoid of emotion.
i just read another thread about the judge watching, and its very true - they took note of my behaviour, my dress, and no doubt how nervous i was at times.
i think i once heard if you are self-repp'ing, the judge may be somewhat obliged to protect you from yourself... but i can't be sure of that.
mind you, we settled the first day of trail, so i didn't have that experience - but I breezed through conferences and won two motions, so i like to think i was doing somthing right.
mind you - when your ex unilaterally denies access for no legitimate reason, its pretty easy to win... slam dunk really.
  #5 (permalink)  
Old 04-04-2011, 10:42 PM
wretchedotis's Avatar
Senior Member
 
Join Date: Oct 2009
Location: ON
Posts: 2,317
wretchedotis is on a distinguished road
Default

Quote:
Originally Posted by iceberg View Post
I read somewhere that judges dislike self rep people, IDK if it is true. But how do you go to court when you do not know the procedure, it is such a disadvantage. They have a saying that goes something like "if you are your own lawyer you have a fool for a client".

For my current situation where ex denies access I have no fear but I know what she is trying to do, she wants high conflict and thinks her chances are better then.

Precisely what my ex successfully accompishes. I don't know the final outcome, as it is yet to be determined even after a final order. Thats kind of my point. I keep being as reasonable as I can be given the seemingly impossible/insurmountable situations I am continually placed in. Surely it has to become self-evident at some point.

At least I hope so..
  #6 (permalink)  
Old 04-07-2011, 12:51 PM
Member
 
Join Date: Jul 2009
Posts: 42
justafool is on a distinguished road
Default

I self represented through case, settlement, trial management conferences , a successful motion and 3 days trial. The legal system advises against it primarily because it's their business and big money. Judges don't like it because excessive legal costs discourage people from the court process. More self rep = more work for them.

Study the issues, keep emotion completely out of the equation and learn the process. No one knows your case particulars better than you!!!
Lawyers get paid win or lose. They don't care about you. They care about making money.

Representing myself saved me tens of thousands and was the best choice that I could have made.
  #7 (permalink)  
Old 04-07-2011, 03:51 PM
Junior Member
 
Join Date: Feb 2011
Posts: 18
Lautario is on a distinguished road
Default

Representing yourself is tough. I have had to rep myself in BC Supreme court to get a previous order enforced, Just heard a hour ago from the ex's lawyer that they will comply with the previous order - that awarded me the family home....saved me a court date, but only because I did my homework, filed all motions correctly, and presented the evidence properly.

Also have been in provincial court on custody and access. Although the motions I submitted in pre-trial have been ordered, the Judge was in NO WAY sympathetic to my plight in representing myself against the ex's lawyer. So do not expect help from a judge, other than explaining some processes.
  #8 (permalink)  
Old 04-07-2011, 06:49 PM
Epona's Avatar
Senior Member
 
Join Date: Sep 2010
Location: Brampton
Posts: 422
Epona is on a distinguished road
Default

I've self-represented twice, not by choice. I couldn't afford a lawyer and don't qualify for legal aid.
I've won both times, but the most recent results were really bizarre. I won my case but was punished by the Judge -- my ex was awarded costs to the tune of $2,500 (to be deducted from child support payments -- I don't know how THAT was supposed to benefit the kids) and I can't make a Motion without getting permission from the court first. We went straight from case conference #1 to trial. I was not advised that the scheduled settlement hearing had become a trial. There was something "fishy" about that.... Course the fact that my exes lawyer is also a Deputy Judge at the same courthouse might be a factor.
Anyway, yes it is time-consuming, but usually worth it in the end. You'll get varying degrees of help from courthouse staff, and this is a great place to visit -- Wish I'd known of it before I went to court the first time. :-)
  #9 (permalink)  
Old 04-07-2011, 07:31 PM
Member
 
Join Date: Jul 2009
Posts: 42
justafool is on a distinguished road
Default

Represent Yourself In Court - How To Prepare And Try A Winning Case. This is an ebook(American) but very relevant and helped me a lot. Our justice systems are similar enough to make it very useful. The best advice I can give anyone to avoid ticking of the judge is
1) Come prepared
2) Don't interrupt and speak only when the judge directs you to speak
3) Have all your documents organized so you can find anything in seconds
4) Speak calmly at all times and only to the judge never directly to your opponent
5) Only talk about facts. It's all the judge cares about
6) Credibility is key
7) Don't worry if the judge yells at you. They yell at the lawyers too. Brush it off
  #10 (permalink)  
Old 01-02-2012, 07:37 PM
Junior Member
 
Join Date: Jan 2012
Location: Ottawa
Posts: 1
Skygoddess is on a distinguished road
Default

My husband has been denied access to his son for almost 8 months today. His ex took him from a Parking lot after dumping the baby on him saying she wanted to give up parental rights. After that came an avalanche of lies and accusations. He was supposed to get supervised access until papers came from cas and police reports ( all papers came in November) he hasn't seen the baby since may. Baby turns 2 today, court date set by lawyer is jan 23 and we have 5 days to come up with 3500 because the moment he married me he lost his legal aid.... We belive she is denying access and borderlne parental alienation, since a baby ill not remember his father no fter 8 months???? Any advice? Is it normal for people to be denied access like this? Lawyer did nothing for 7 months!
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Considering Self representation KidsDad60 Divorce & Family Law 13 07-14-2010 12:10 AM
Self representation - Contempt Motion and Costs? representingself Financial Issues 6 07-08-2010 07:37 PM
Change of Representation - Signature of BOTH parties? #1StepMom Divorce & Family Law 8 06-10-2009 07:49 AM
Self Representation time2lookahead Divorce & Family Law 0 04-03-2009 11:46 AM
When does Notice of Change of Representation take effect? independentgal Divorce & Family Law 4 02-06-2009 09:11 AM


All times are GMT -4. The time now is 06:45 PM.