Any dangers of SRL'ing in a case conference.

[plainNamedDad44]

Hi all,

Need help. My lawyer knows I make a good income, so he's juicing like crazy. I am on the cusp of self representing, have been studying all weekend. Nothing i have seen has thrown me off but its what I don't know that I am afraid of.

I am thinking of firing my lawyer and going to the first case conference myself. I speak well and I know my case.

I just don't know what to do if say, my wife's lawyer asks the judge at that point for some sort of unreasonable order. Can I object, can the judge do what they want, what are the rules for engagment for fighting back in a case conference.

Or do I need to be worried at all.

I feel like i either get screwed by my lawyer or by her lawyer. Either way I am screwed.

[WorkingDAD]

Hi all,

Need help. My lawyer knows I make a good income, so he's juicing like crazy. I am on the cusp of self representing, have been studying all weekend. Nothing i have seen has thrown me off but its what I don't know that I am afraid of.

I am thinking of firing my lawyer and going to the first case conference myself. I speak well and I know my case.

I just don't know what to do if say, my wife's lawyer asks the judge at that point for some sort of unreasonable order. Can I object, can the judge do what they want, what are the rules for engagment for fighting back in a case conference.

Or do I need to be worried at all.

I feel like i either get screwed by my lawyer or by her lawyer. Either way I am screwed.

Case Conferences and Motions in Family Law

you can probably get it from library or may be somebody (if you can not) can order it for you ...

WD

[plainNamedDad44]

thank you workingDAD. I will look around.

[Mess]

I would love to get my hands on that myself.

plainNamedDad44, here is a short description of a Case Conference:

If you have a lawyer up until now, then all of the really difficult things are done. Putting all the materials together properly and filing the forms are things you wouldn't have known and take a lot of work to figure out.

Everything that was filed should have been presented to you for your approval and signature. You probably received copies by email. If so print them off and put together some binders with section tabs for your own use.

You should close things off with your lawyer, make sure the bill is paid up, and request that they immediately provide you with your file. Again, if material was sent to you by email, they will only give you what hasn't been mailed. Especially you want a a binder with a red cover page that has the materials that were filed in court.

At the case conference if your are with a judge you must be very polite. I am not kidding and can't emphasise this enough. Behave as though you are are in grade school; do not speak unless invited to speak, you say "Your Honour...." when you speak.

If you wish to comment on something, raise your hand and wait until you are invited to speak. Do not speak to your ex or your ex's lawyer unless for some reason this is required. You speak to the judge about what you want to say. For example: "Ms. Ex states that the children reside with her the majority of the time. This is incorrect; they reside with each of us equally according to this schedule..." NOT: "You're wrong! They aren't with you all the time!!"

Take my point here and make sure you behave yourself. I don't know you, so I am trying to be clear on how to behave.

A judge may make orders without consent of the parties on matters that are regarding proceedure, such as ordering disclosure of financial statements. These are so the matter may proceed correctly.

The judge should not make orders regarding how your matter is settled, even interim orders, without the consent of both parties. However the judge may put a lot of pressure on the parties to agree to an interim order. If there is an issue of support not being paid, this pressure will be intense. If there is an issue around the children's residence and access schedule, you have to be really careful about what you say and what you appear to be agreeing to. Many people come out of a case conference scratching their heads and wondering how they agreed to something.

If the ex is seeking an order then this should be stated in conference brief, and the same for you. That doesn't mean that they get it, but this is how it is supposed to be introduced. You are not supposed to be blindsided by something you were not prepared for. However the system is not perfect and sometimes this can happen. If it does, you raise your hand, and clearly state that you had no notice that this matter would be brought up at the conference, you are not prepared for it, and you do not agree to any order concerning it. In those words.

If you feel you were manipulated into an order that you did not agree to, you must file a motion to appeal the order right away. Don't get emotional over it, just file.

Otherwise, treat the conference as a very formal mediation session. The judge should hear out both of you and then make a recommendation, saying something like, "If this were a trial, I would probably decide that..." This is a strong legal opinion, but take into account that the judge has only spent probably a half hour reading your materials and you haven't had a chance to cross examine what your ex is saying, and neither has your ex had that chance. This is a judge's opinion after a superficial glance at the situation. Think about it seriously, but if you feel that the opinion is based on claims that you can dispute, then stick to your own position.

[Mess]

How to Prepare for a Case Conference in the Superior Court of Justice

[takeontheworld]

I had a lawyer but I decided to self represent before my case conference. Honestly, it isnt anything to stress about. As someone else mentioned, be as polite as can be. Ive now done a settlement conference on my own as well as assignment court with a trial in november. The only thing I noticed was the judge at the conferences seemed to be chummy with the exs lawyer, we live in a small town and the lawyer is well seasoned. I felt at times like I was being bullied. So stand up for yourself but do so in a respectful manner.