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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 03-09-2006, 06:02 PM
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My ex just fired yet another lawyer and seems to think he will be better off representing himself. This is not because of lack of funds. He is well off. Just doesnt see eye to eye with his lawyers. He has filed the notice of change with courts. I think this might give me an advantage. I have had the same counsel from day one. Has anyone had any experience in litigation without opposing counsel? Good? Bad?
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Old 03-09-2006, 07:16 PM
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Grace,

Your ex will still have to comply with the rules. The case will swing on the facts. No sympathy will be given to him because he chooses to represent himself. If the courts did then this would be a biased Judgement.

One thing to watch out for is an out of control litigant. If he acts in bad faith and rolls up your legal costs, seek same.
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Old 03-09-2006, 08:47 PM
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Thanks LV. I'm hoping that the Judge will keep him under control. Seems his lawyers were all unable too. A few have quit on him for this reason. I don't want this to turn into a mudslinging contest. There is no need. I can't imagine what being crossed examined by your ex would be like. I guess I'll find out soon enough. I hope the Judge and my lawyer will keep us focused on the facts and not on emotions.

I feel I may have somewhat of an advantage because there's no lawyer on his side to object to any questioning by my lawyer. My ex may be a smart person, but he has no experience with family law.
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Old 03-09-2006, 09:19 PM
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Sorry to hear that this has happened!

It really depends on the judge. Some bend over backwards to accomodate people who are self-represented, others expect self-represented litigants to know the law and procedure as well as a lawyer and treat the self-represented litigant harshly if they don't.

Most judges are former practitioners and know that when someone has more than 2 lawyers, the problem is likely with the client and not the lawyer. As well, I would think that in costs arguments your lawyers could argue that his frequent change of counsel raised your costs and delayed matters unnecessarily.

I'm sure your lawyers will protect you against an aggressive or inappropriate cross-examination by your ex (if the judge doesn't - the judge may very well do this).

It may of course be a delaying tactic as well. I think most judges in Ottawa wouldn't grant an adjournment of the trial in this case, but again, it depends on the judge.
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