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Ok - just was warned that my lawyer want to be off record - now what?

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  • Ok - just was warned that my lawyer want to be off record - now what?

    Ok, here's the just. I've paid my lawyer since last Dec approx. 71K which included a motion of change, 2 CC, 1 SC, 1 TMC, and the second TMC is scheduled in a month from now. The lawyer advised I need to pay another 14K to put my account in good standing as 5200.00 is past 30 days due. Yes, they've calculated this month as another 7K for 3 hrs of questioning of applicant and prep and want 2500.00 as additional retainer. I do not have a continuing record, I seriously don't have access to monies as I just paid 3800.00 a few weeks ago for the previous last months balance. After questioning a put an offer to settle to the other side (who is self represented and legally proficient) based on the factual evidence /statements provided. Her response was "it's before the courts and she's going to take her chances in letting them decide".

    What the heck do I do? I have nothing... I've been completely dependent on my lawyer from a procedural and documentation perspective. They have only provided me partial documentation (briefs, disclosure etc...) throughout. Also, the other moving party has changed the scope of the TMC which was to get her disclosure and settle financial issues, but has now included sole custody and revised access, although during questioning she stated that the current arrangement is in the children's best interest.

    I don't know how much I should be panicking, but I think I should be - compounded with the fact that neither my rent is paid, my "without prejudice Support Order against me is now behind as she now reneged on bi-weekly payments and wants it through FRO", my children come back shortly (50/50 access), I've been sued in small claims court recently (more to come), car reprocessed, went to food bank this morning, utilities unpaid, as I type this I say "Holy @*%&" this doesn't look good. As the bankruptcy trustee even said "Your screwed, as you are not able to support yourself or 3 children with your remaining income after court Orders, I could reduce my grocery budget (really? cause I'm already using the food bank).... While I type this I break down and laugh, - this is insane... Yes I'm employed full time.

    My hope was that I could claim undue hardships based on questioning / examination questioning, as the interim order was based on her claim of zero income, however under questioning it is clear that she is self supporting on a net income of 5200 - 5400 (minimum per month (wealthy family)), I'm struggling with less than 1800 per month (paying 1200 in rent (yes already in subsidized housing project). I live in a rental less than 1200 square feet with twin girls and son, ex living in new 4 bedroom 2600 sq ft home, no rent, no debt (credit cards, loans, etc...) no car payments. Yes, I have 50/50 joint, shared custody and access. The children are in my school catchment area..

    Where do I start, what are my options in preparing for my TMC, can my lawyer run leaving me hanging?

  • #2
    I am just guessing you are not eligible for legal aid...?

    Can you try to find a student lawyer or a young lawyer who charges less than your current lawyer does?

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    • #3
      I am not eligible, was declined. I'm not sure where to find student lawyer?

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      • #4
        If I remember correctly someone told me to check the Law Society fo Upper Canada site.

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        • #5
          The amounts you state sound excessive (since last December you've shelled out 71k???) Legal bills alone?

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          • #6
            Yes, legal bills alone. I'm not overstating the amount... You know what blew me away was when the assigned lawyer was completely railroaded during Case Conference (not fault to them) as opposing counseling (before becoming self representing intentionally lied to judge, although caught no reprecusions as Conference are not under oath. Fast forwarding I raised concern that opposing counsel overpowering lawyer... solution why not have the senior partner and junior lawyer attend, at no cost... How could I refuse, the bill stated to blow up after the following Case conference as both lawyers were now reviewing correspondence, assessing responses etc.. I even highlighted my dire financial situation and had hard time paying for junior lawyer alone. Asked to keep senior partner to minimum. Well at first TMC both show up, and boom I'm now given a bill of almost 12K for prep and appearances within a 2 month period for a TMC appearance only. My only focus in what I can expect in the next 30 days, I still haven't paid rent, and I won't be able to pay it before the due date on the eviction comes next week. Can my lawyer bail and leave me with nothing if I pay off the past 30 day balance of approx. 5200, although I'd still owe them 7K for 3 hrs of questioning last month, at least that portion isn't due until a week before the TMC date. Would a judge allow that so close to an appearance?

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            • #7
              I'm going out for a walk. I'll pm my phone number to you.

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              • #8
                I hope you get some good advice from Arabian.

                Because I don't think anyone on this forum is going to tell you what you want to hear...

                You let your lawyers run away with your pocket book. And you need to look after yourself and your family first. Paying legal fees ahead of rent, utilities and groceries is not helping anyone.

                Hopefully you can get access to your file from your lawyer, IF you can pay your bill so that they will release it to you. It can't hurt to ask.

                Then you can go to court house, speak to duty counsel and FLIC. You will probably want to file a change in representation or ask for an adjournment while you decide how to handle your case.

                Lastly... although you didn't give any details of what you were fighting in court, do your best to settle PRONTO before it gets any worse.

                Comment


                • #9
                  ok - phone didn't ring. zzzzzzz

                  sounds like a sad situation to us but a happy situation for some lawyers

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                  • #10
                    I live in a rental less than 1200 square feet with twin girls and son, ex living in new 4 bedroom 2600 sq ft home, no rent, no debt (credit cards, loans, etc...) no car payments. Yes, I have 50/50 joint, shared custody and access. The children are in my school catchment area.
                    If you have all of these then WHY THE HECK ARE YOU IN COURT.

                    You haven't provided any information about your case, but it sounds like everything is going great. You have a fantastic, fair arrangement, you are living in a much nicer home (dude you have a home) than most of the people on this forum.

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                    • #11
                      Just an FYI in case you need to self represent - if you have a pending trial your lawyer must hand over any required documentation even if you owe them money.

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                      • #12
                        OP, take a deep breath. Keep yourself well. Now, as F4F asked, if you have your kids 50/50 and your spouse is better off financially, then what are you fighting in court about ?

                        In regards to your lawyer. I experienced the same thing, but put a stop to it when i realized he was a glutinous, greedy idiot.

                        This is what I have done and suggest you consider same.

                        1. Immediately file to have your lawyers bill assessed. The sooner the better.
                        2. Report the SOB to the LSUC.
                        3. Get organized!! Go to court house and get a copy of your continuing record, they will charge you to copy it, it may cost a couple hundred bucks depending on how thick it is.
                        4. Buy a sheet scanner/printer and computer
                        5. File a notice of change of rep to you.
                        6. Retain a lawyer (check out Justice Net) on the back end. "Back end" means they are NOT representing you. You are representing you.
                        7. KEEP TIGHT, TIGHT CONTROL ON THE LAWYER.
                        8. DONT ASK YOUR LAWYER ANYTHING YOU CAN FIND OUT FROM HERE, OR ELAWS OR CANLII.
                        9. READ, READ AND READ MORE. START WITH FLR, FLA
                        10. If what ever it is your fighting for in court is still worth it get ready to self rep in trial. Otherwise, settle, and give her what she wants.

                        Keep yourself well.

                        Comment

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