Costs of going to Trial

[bautista27]

Hey everyone,

For those of you who have gone thru a trial, how much did it cost for you?

I got a figure of 30K, but I hear that's the median.

Initially estimated for a 5 day trial, but will hopefully be less.

Thanks!

[Stillbreathing]

Where did you get such a low figure? Are you going self-rep? My lawyer refuses to give me an estimate so that I can budget for it and/or decide whether or not I must go self-rep. All he keeps saying is that he can't finance litigation. To which I reply that neither can I.
Some trials are scheduled for 3 days and morph into 5 weeks. I have no idea how much trial will cost. I estimate at least $100,000 to start. I have already spent my life savings and am no longer paying my lawyer with money . I am paying him with debt. I refuse to go bankrupt over this bs.
I'm at the point now where assets be damned. Willing to walk away if it means never having anything to do with my ex in any way shape or form ever again. I want that man out of my life.

[mcdreamy]

I'd ballpark $10g/day

[The Iceberg]

I'd ballpark $10g/day

Is that in rupees? Where does that money go to?

[mcdreamy]

Straight to the firm’s bank account, at $.77US, .68EUR, 50.05INR or $1CAD.

See the linked article from the Canadian Lawyer mag. Take some time to click on the link to the survey, and check the rates in your area.

The Going Rate http://www.canadianlawyermag.com/5610/The-Going-Rate.html


Author, McKiernan, Michael: Michael McKiernan

[Reality]

Bautista27
I have been to trial twice. I have self rep'd both times. Cost me 5 vacation days the first time and 3 vacation days the second time. Research and prep time probably 100 hours of my own time each time (after work and weekends).
I believe you know your case best so you are able prepare more efficiently then a stranger; however you must remain focused on the issues for trial and really know the processes. Find your free resources.
I was fortunate that I actually received costs enforced as child support both times but I saved up so I was ready to pay costs for the lawyer on the other side if things went south.

I know the other sides lawyers bill for both was close to 50 000. Always best to settle if you can!!!

[Links17]

Personally if you have a lawyer you can consult and you are well spoken, a reasonable debater and can control your emotions I don't think you need to actually retain a lawyer

[bautista27]

All good points, everyone.
Because I am facing an uphill battle due to the OCL report, false allegations and a child being removed from the home without consent, and from what I hear, a judge pool that may come with historical prejudices on the side of the mother, the money would be well spent on a bulldog.

I've self-rep'ed for settlement conference, so I've saved some money, so far.

Excellent article, McDreamy, thanks.

[Links17]

So far I haven't been that impressed with lawyers, my lawyer was a complete dufus, my ex-wife's lawyer has only succeeded at anything due to massive incompetence or bias of a specific judge - in almost every other hearing the cases went pretty much how you'd expect. I've also had consultation with several lawyers throught my story and I can literally say that for the same question 3 different lawyers gave me 3 different answers and it was just a matter of determining what the meaning of a specific judgement was.... the answers ranged from one extreme to the other.

Normal Judges
They file contempt - they lose
They ask for 13,000$ in legal fees, they get 3,000$

Moron Judge:
-They ask for 10,000$ legal fees - they get it

-They ask for 35,000$ including pre-martial fees - they get it

-They ask for alimony to continue - the judge is TRIPPING over himself to give it to them - to the point that the attorney for my ex-wife has to tell him that he can't do that....

I think things are more related to the judge rather than anything else.... I would say 60% of the case depends on the judge and 40% depends on the merits, the lawyers, the clients etc...


_______

A good analogy for judges are diggers....

Depending on the outcome a judge wants they dig appropriately till they do enough analysis to get their result.

Let's say on the surface everything looks fine.
Judge digs deeper finds a specific issue
Now they make their judgement based on that specific non-obvious issue.

Let's say there is a surface problem - judge refers to that problem and he has his answer, no need to dig deeper.

That type of digging is unappealable & as long as there was no documentary proof of an significant error.

How scary is that?
___________
You can get whatever lawyer you want but if judge doesn't believe dads are equivalent parents then you aren't getting jack.

[mcdreamy]

___________
You can get whatever lawyer you want but if judge doesn't believe dads are equivalent parents then you aren't getting jack.

I'm curious. Do you think that being declared as a vexatious litigant is going to work towards or against your benefit in finding any future counsel? I don't know anyone who would willingly pick up a vexatious litigant without some serious cash retainer.

[arabian]

I think a person has to quit bellyaching about biased judges and get down to some serious work on one's case. You may not like the current system but it is what it is so best to try to figure out best how to go about presenting your case.

Preparation requires much research. If you spend some time you will quickly see that, at least on CanLII, fathers are indeed successful in child custody if they have done their homework (with or without a lawyer). "Success" means many things to many different people. Some parents only want to have weekends with their children, some 50/50 and so on.

Important part of reading on CanLii is the reasoning behind the judge's decisions IMO.

Over 90% of cases do not go to trial and instead parties come to a settlement.

[arabian]

Another alternative to trial (if you feel the need to have someone else make your life's decision for you) is binding arbitration. It boggles my mind why people do not consider this alternative.

[Links17]

I'm curious. Do you think that being declared as a vexatious litigant is going to work towards or against your benefit in finding any future counsel? I don't know anyone who would willingly pick up a vexatious litigant without some serious cash retainer.

Haha, no way I am like an enemy of the state - lawyers are genuinely scared of me, vexatious litigants are actually crazy people who sue Canada because it rained... but I just pay them for a couple of hours of consultation but so far following one of the consultations got a judgement ordered against me with costs and the other ended up with two lawyers at the firm disagreeing on the right answer. I would never hire another lawyer in my life for divorce stuff.

I have my appeal in 2 weeks we will see if I can shake the declaration.

[Tayken]

Another alternative to trial (if you feel the need to have someone else make your life's decision for you) is binding arbitration. It boggles my mind why people do not consider this alternative.

People are misinformed and think it is more expensive. They think judges are "free" and why pay for one? You are correct, binding arbitration is a much better (and cheaper) route. Judges (and the court process) make everything 3-4 times more expensive and 10 to 20 times longer!

[bautista27]

I would love binding arbitration, but when one party is represented by legal aid (no financial motivation), there is less of an incentive to go that route.

Any suggestions on how to use CanLII to find cases in which fathers are successful in child custody?