Paralegals?

[Kenny]

When I have had to hire a lawyer in the past, I used the same selection process as any other professional that I have had to hire. Lawyers sell their time. Simple as that. Some lawyers are better as using that time than others. Where they are not that good, you the client, pay for it. With the exception of Wills and notarizing, lawyers usually charge by the hour. I had one lawyer charge by the job, but it was a fairly simple procedure.

Lawyers demand retainers so they are ensured they get paid. I never liked that. Many news programs caution about paying in advance for any contractor. I don't see why lawyers should not be the same. What if they do a poor job. Pay a carpenter to build a deck and he does a crappy job, he will make it right so he gets paid. Pay him in advance, he is won't return, at least not for free!

Then there is the Law Society of Upper Canada for complaints. Lawyers policing lawyers. Just like the Ontario SIU; cops policing cops; and we all know how well that works!

[Tayken]

Originally Posted by mcdreamy

Tayken, I don't enter into a transaction without first checking the other lawyer on the lsuc, to make sure he/she is current and insured.

Current... The only current elements of a Law Society report is real estate isurance and general practice insurance. It allows any registered lawyer to practice in any area. Not much "insurance" really for the end consumer.

Furthermore, doesn't protect the other party who has to deal with a crooked lawyer or one that isn't familiar with the area of law they are involved in.

Originally Posted by mcdreamy

And to answer your question, yes, in the last 25 years I have seen several lawyers in my region lose their license, for a period of time and/or permanently, for misconduct and/or inappropriate use of trust funds Add a penalty fee on top of that.

1. Generally that is all the Law Society deals with. Fraud in trust accounts.

2. They don't hold solicitors (aka Officers of the Court) accountable to the rules that govern proceedings. The amount of "cogent" evidence required to demonstrate gross miss conduct on a rule violation is well beyond what the general public can comprehend.

I have never seen a solicitor in Family Law get repromanded by the society for say any of these common miss use of the rules:

1. Filing an application in the wrong jurisdiction in an attempt to jurisdiction shop for their clients. (Even after the presiding judge moves the motion back to the court of competent jurisdiction for the improper filing.)

2. Assisting in the removal of children in violation of Section 283.(1) of the Criminal Code of Canada (child abduction) and instructing their children to take children without consent or a court order from the other parent.

3. Instructing their client to make false allegations to the police and unsuccessfully have the other parent arrested.

4. Etc... The little clause of "vigorously defend" their client's position as part of the code of conduct gives solicitors a free ticket to ride on gross miss conduct before the court. The Society often sights this part of the Society's Act for not proceeding on complaints all the time.

Originally Posted by mcdreamy

Let's skip the ultimate penalty and realize, for each complaint filed (valid or not, legitimate or from some crazy), the lsuc requires a $5,000 immediate insurance deductible. Per claim.

Oh no, a lawyer charging between 250-500 an hour losing 2.5 or 1.3 days worth of billing! I wouldn't want them to go bankrupt. Oh, and that comes off their practice insurance and not out of their pocket. 9 times out of 10 it has no impact on their premium unless there is a finding against them.

Lawyers are not accountable in my opinion as "Officers of the Court" and the Law Society is not the appropriate organization to govern their conduct in my opinion. But, it is all we have.

Good Luck!
Tayken

[Tayken]

Originally Posted by Kenny

Then there is the Law Society of Upper Canada for complaints. Lawyers policing lawyers. Just like the Ontario SIU; cops policing cops; and we all know how well that works!

Excellent point. I would add the College of Physicians on that list too. Peers judging peers. Why not have students mark their own papers too?

Good Luck!
Tayken

[walshch]

Kenny..The SIU are not 'cops'. They are civilian oversight agency of police services created by the Ontario government so it wouldn't be 'cops policing cops.'

[mainsqueeze]

Hello, I wonder if anyone could answer this for me or think it is fair. It has to do with Legal Aid. I live in Ottawa Ont. I'm in the process of trying to get spousal support payment from my ex who ... when we went to our Case Conference yesterday has a whole lot of lies on his financial statement but I won't go into that right now, I will find the proper forum instead.
I applied for Legal Aid back in Oct. I got a purple paper from the office here and then had to call their 1-800 number. I was sent a letter saying I was refused, even though I met the financial requirement, they say they donot deal with spousal support unless it's concerning violence!
He interest in land, and 2 pensions, but has racked up his credit cards, says he got laid off and won't give me no money ... cause he has none.
I feel that ( and please correct me if I'm wrong .... ) regardless of if you were abused or not ( I wasn't) you should be eligable for some kind of Legaid Aid.
I did find a Pro Bono lawyer which gave me a few hours, but now her time is done, she also conntacted Legail Aid, she also didn't understand why I was refused they told her since I had a court date to re-apply, again I was refused because they say they don't handle spousal support , no I have no children.
If anyone has been in this type of situation, I'd like to hear from you please.
I now need to file a Motion andI'm lost. I suffer from sever depression,anxiety attacks along with a few other medical conditions.

[Berner_Faith]

SO...twice you contacted legal aid...and twice they denied you because they say they don't deal with spousal support...my guess is then they won't help you because they don't deal with spousal support...

However...according to their website they will help...

Legal Aid Ontario: Getting Legal Help

Although...they will not help you change an existing order.

[mainsqueeze]

Thank You and yes ... according to their website they do and that is what I've told them a few times ... they said only if it involves violence! Thank you for your reply

[mainsqueeze]

Hello Berner_Faith I have no exsisting orders we had our first case conference yesterday when I found out he has racked his credit card to over $2000.00 over the limit, says he's now laid off, and has depression,anxiety,etc. Lied on his financial Report. He has to come up with bills and proof by end month, I was told by my then Lawyer to start a Motion and some other form, but she'll send them to me. Sure wish I could get Legal Aid, I will try again but doesn't look too hopeful and neither does spousal support right now. Wonder how long I can wait for this... he can't be laid off(which I KNOW isn't legit) forever right.

[Berner_Faith]

Do some searching on their form...there are a lot of useful threads that talk about hiding income and such...and spousal support...but not all of them are "nice"... you best bet is to have a lawyer... sucks legal aid won't help, but is there anyway to actually go into their office and show them their own website?

[mainsqueeze]

Thank You for responding , there is a place here in Ottawa but everything goes to Toronto so no their's not. I did get a purple paper in Oct, thinking ok I have a 99% chance of getting it, but when I called again and gave the reason and all I got a letter saying I was refused. They know what it says on their website and they told me that's if there was violence ... to me I just don't think it's very fair.