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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 10-31-2016, 12:51 PM
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Default "self-represented litigants are increasingly being ordered to pay, and pay big"

Self-represented litigant is ordered to pay $15,000 for a motion because she "inflamed the issues not yet before the court and required a costly response by the respondent father."

Self-represented litigants not immune to high costs awards

The case does not seem to be on CanLii yet.
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Old 10-31-2016, 01:07 PM
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Great post, Jeff - thanks for sharing!
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Old 10-31-2016, 02:59 PM
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....right, but still not a good enough reason for everyone to rush out there and retain a lawyer for there own particular case. Every case is different, and this one could have just been a one off

Conveniently, the article is being amplified by lawyers and law firms, whose primary mandate is to take advantage of clients and run up a bill.

Yes, some people are illiterate and will always need a lawyer, educated folks able to read and invest time can easily go it alone just like I and others on here have done.....getting results in the end.

Scare-mongering tactics by lawyers
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Old 10-31-2016, 06:16 PM
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Quote:
Originally Posted by hopefull View Post
....right, but still not a good enough reason for everyone to rush out there and retain a lawyer for there own particular case. Every case is different, and this one could have just been a one off

Conveniently, the article is being amplified by lawyers and law firms, whose primary mandate is to take advantage of clients and run up a bill.

Yes, some people are illiterate and will always need a lawyer, educated folks able to read and invest time can easily go it alone just like I and others on here have done.....getting results in the end.

Scare-mongering tactics by lawyers
It takes more then just education and time to self rep. They have to have the right temperament also.
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Old 10-31-2016, 07:59 PM
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.....add that to my points above.

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Originally Posted by standing on the sidelines View Post
It takes more then just education and time to self rep. They have to have the right temperament also.
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Old 10-31-2016, 10:09 PM
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yeah cause it really costs 15,000 for that 20 page affidavit for a one hour hearing...
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Old 11-01-2016, 08:35 AM
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I could have self repped the whole way through, but I wanted to "ensure" I got what I wanted with no room for error custody-wise (50/50). My lawyer saw my tears, felt my pain, examined all the evidence and was livid about my ex's actions. She also handled and dealt Legal Aid Pitbull lawyer who bullied and heckled me in the court halls.

I knew my case better than anyone .. so I prepared all my materials. My lawyer spoke smoothly in court for me at a reduced cost (because I was doing most the work behind the scenes). When I was reunited with my daughter my lawyer was there in the flood of tears with my mom, my grandparents and myself. It was the happiest day of my life aside for when D5 was born. My lawyer was also in tears .. she knew what happened to me from the beginning and it was just so wrong.

Emotions run high in these situations and I still stand behind my decision to retain a lawyer. However, if it ever happened again I feel I would be well equipped to handle myself.
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Old 11-01-2016, 09:11 AM
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Quote:
Originally Posted by standing on the sidelines View Post
It takes more then just education and time to self rep. They have to have the right temperament also.
This is the big differentiation. Most self-represented litigants cannot separate out the emotions from the facts and stick to *relevant* matters. I see so many self-reps arguing baseless emotional arguments based on how they "feel". It is very difficult to represent yourself in a matter that you are emotionally connected to. Especially when children are involved.

Good Luck!
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Old 11-01-2016, 09:17 AM
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Quote:
Originally Posted by LovingFather32 View Post
I knew my case better than anyone .. so I prepared all my materials. My lawyer spoke smoothly in court for me at a reduced cost (because I was doing most the work behind the scenes).
This is probably the most efficient thing to do. No one will know your case better than you do. But, it is very hard for many self-rep litigants to "speek smoothly in court".

So, don't ever think you didn't do the right thing LF32 by having a lawyer. I think it was the best thing for you. You were (and are) very connected emotionally to your matter.

Quote:
Originally Posted by LovingFather32 View Post
Emotions run high in these situations and I still stand behind my decision to retain a lawyer. However, if it ever happened again I feel I would be well equipped to handle myself.
You did the right thing. The reason you could possibly deal with matters going forward is possibly related to having a "final order". It is very hard to change a final order. In the beginning when you don't have anything finalized it feels like you can lose at any point in time. That every detail matters.

Now, it would be very hard and you would have to do something very stupid to have a final order changed. So, what is left are the more technical details but, those won't disrupt the major important thing - shared residency and joint custody.

Without the weight of the unknown many people can manage their family law situation. But, it is that waiting period until one arrives at a final order that often creates the unnecessary stress.

Joint custody and shared residency (50-50) as a default would end a lot of the stupidity in the court room and the anxiety that many parents develop when facing the unknown.

Good Luck!
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Old 11-01-2016, 09:24 AM
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Note: Their are lawyers who are actually worse than self-represented litigants.

Stupid lawyers are the most dangerous. You never know what they are going to do. The second worst are crooked lawyers but, at least they have a modus operandi that is easy to detect these days and good judges often filter their crap.
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