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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 05-16-2014, 12:31 PM
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Turns out ex's lawyer is not legal aid but is in private practice and retained on a certificate. What's this mean? Legal aid hired him on certificate? Does this mean they have more $ to blow or vice versa?
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Old 05-16-2014, 12:47 PM
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My lawyer takes on one Legal Aid client per year. All it means is the lawyer gets paid the amount of the certificate. Any charges after the certificate is spent is up to the client. Lawyer may or may not keep the client - likely depends upon what arrangement the lawyer and client make.
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Old 05-16-2014, 01:06 PM
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Thank you Arabian.
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Old 05-21-2014, 08:53 AM
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Originally Posted by LovingFather32 View Post
Turns out ex's lawyer is not legal aid but is in private practice and retained on a certificate. What's this mean? Legal aid hired him on certificate? Does this mean they have more $ to blow or vice versa?
It means that the lawyer is accepting payment at legal aid rates. In Ontario this lawyer still has to be qualified by LOA etc... and that the person paying the bills (for now) is LOA. Basically the Lawyer will accept government funds from LOA to pay for services at a government mandated rate.
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Old 05-26-2014, 03:28 PM
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It means that the lawyer is accepting payment at legal aid rates. In Ontario this lawyer still has to be qualified by LOA etc... and that the person paying the bills (for now) is LOA. Basically the Lawyer will accept government funds from LOA to pay for services at a government mandated rate.
Thank you so much Tayken.
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Old 06-10-2014, 11:49 AM
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Originally Posted by Berner_Faith View Post
Okay so what happens if the $300k party wants to settle without court or lawyers because they know if lawyers are involved they will have to pay what's fair? If they don't have a lawyer, which means the other party can't have a lawyer, the $300k has the upper had because they could be withholding CS or settlement funds that the $20k party needs to survive. So essentially the $300k party could get away with paying 1/8 of what they legally should be only because the $20k party needed something to survive on and couldn't go any longer without access to those funds.

There are always going to be people who abuse the system, it doesn't matter what the system is, people will abuse it, but I would say the majority of people don't. The reason you see it mentioned so much on here is because the people that are able to settle, even with legal aide lawyers have no reason to be here. Some way you see many people here going to court when statistics show a very small percentage actually go to trial.

Personally, if the majority of the tax dollars are going to people that actually need it and don't abuse the system I am happy with that, can't let a few bad apples ruin it for everyone.
i have been on both sides of the fence, i was a payor before and a recipient now (but so far ex hasnt paid a dime) so after being on both sides i can impartially tell you that the argument above is based on the assumption that the support system is fair, which it isnt.

if legal aid is available to one party, it should be available to the other as well, that would make the ground even. i was myself in the position where i made too much $ to not qualify for legal aid and too little to afford a family lawyer, additionally i had to pay support and the ex had me charged with false criminal charges which necessitated hiring a criminal lawyer further diminishing my available resources to even look after my own basic needs.

at the other hand the other party got legal aid lawyer giving them the upper ground in family court, based on this experience and seeing may other cases i came to the conclusion that it would be reasonable that if either party is eligible for legal aid then both parties should be offered the opportunity to be represented by legal aid, if one party decides that they have too much money to burn and can get a different lawyer then thats their choice.
but providing counsel to one party while the other falls into too much-too little category isnt fair and defeats the purpose of the "justice" system.
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