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Is a lawyer ever held accountable for bad behaviour?

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  • #16
    Most of us are jaded - the system is nothing less that extortion! One would think that after spending 5 days in hospital due to Ex's physical abuse, countless police reports over the course of a 28 year marriage, criminal convictions, restraining orders and multiple contempt of court orders that there would be some kind of justice in the end?

    Ex's lawyer had the nerve to tell me that this has NO bearing on the divorce? No fault and all .... it's all in the past ... Get over it ... Bad enough what I went through, now the Ex abuses me through his Ahole lawyer! Lawyers are paid-goons, nothing less than bullies in suits!

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    • #17
      Originally posted by Janibel View Post
      Most of us are jaded - the system is nothing less that extortion! One would think that after spending 5 days in hospital due to Ex's physical abuse, countless police reports over the course of a 28 year marriage, criminal convictions, restraining orders and multiple contempt of court orders that there would be some kind of justice in the end?

      Ex's lawyer had the nerve to tell me that this has NO bearing on the divorce? No fault and all .... it's all in the past ... Get over it ... Bad enough what I went through, now the Ex abuses me through his Ahole lawyer! Lawyers are paid-goons, nothing less than bullies in suits!
      This sickens me. Something needs to be done. C'est pas juste!!

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      • #18
        Originally posted by Janibel View Post
        Most of us are jaded - the system is nothing less that extortion! One would think that after spending 5 days in hospital due to Ex's physical abuse, countless police reports over the course of a 28 year marriage, criminal convictions, restraining orders and multiple contempt of court orders that there would be some kind of justice in the end?

        Ex's lawyer had the nerve to tell me that this has NO bearing on the divorce? No fault and all .... it's all in the past ... Get over it ... Bad enough what I went through, now the Ex abuses me through his Ahole lawyer! Lawyers are paid-goons, nothing less than bullies in suits!

        I too was told that we have a 'no fault' divorce system in Canada. However, I did manage to do one thing which I believe has made a difference in my situation. I was adamant that the divorce was obtained for reason of adultery. I was not content to wait 1 year and then file - I did it immediately. Every single time we are in court the word ADULTERY is there. I like to believe that along the way the 14 different judges who had to read through my documents were not immune to that one word. Adultery does not speak to the physical abuse or the terror I experienced prior to our divorce because he was not charged.

        In your case I hope that PHYSICAL AND MENTAL CRUELTY are boldly printed on your papers. If anything, it serves a reminder that you were indeed terrorized by your ex and that your ex is, indeed, a sentenced criminal.

        This is a genderless situation - if anyone goes through mental or physical cruelty then I believe they should file their divorce with that statement in their divorce. This goes without saying that there are always 2 sides of the story but once someone has been charged in the criminal court, or admits to a crime, there should be no question whatsoever that the divorce was far from being 'no fault.'

        Oh and yes lawyers are held accountable all the time for poor behaviour. If you make them accountable by having their statement's audited, take the time to report them to the respective law society.
        Last edited by arabian; 01-11-2015, 05:07 PM. Reason: comment about lawyers

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        • #19
          Arabian, every single judge that I encounter is shown photos of my injuries and the criminal judgement that STBX received - his lawyer (number 2) had the nerve to tell me that even Charles Manson has a right to his hard-earned cash! No fault!

          I thought about filing a tort claim though the STBX did pay for my medical bills so there's nothing more to do.

          Is it too much to expect lawyers to refrain from destroying people's lives? Do they not have some code of conduct that they must adhere to? God forbid they should act like human beings? (they're not)
          Last edited by Janibel; 01-11-2015, 05:19 PM. Reason: typo

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          • #20
            My ex's lawyer is a foul-smelling incompetent fool. His very presence is offensive. I pity my lawyer for having to spent any amount of his valuable time in the same room as this lower-than-snake ambulance-chasing idiot.

            Lawyers do what their clients want them to do. I remind myself of this every time I receive anything originating from the OC.

            You can bet that your ex has instructed his lawyer to make your life a living hell. Remember that and go for the jugular. Don't lose your resolve. Hopefully you have a great lawyer who does not stoop to the same and who is skilful in the preparation of all your documentation. Your lawyer can always request a special meeting with the judge if the OC steps over the line. Judges can, and do, penalize lawyers for misconduct. Meanwhile we have to keep our wits about ourselves and remember that the OC is merely doing what he is paid to do. Keeping things high-conflict and controversial is a sure-fire way for the despicable lawyer to make more money. It's always about the money with these low-lifes.

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            • #21
              I thought that I could handle this myself, apparently not, judging by the last SC where I lost it.

              Next time be it the trial or pre-trial CC I will have a DV advocate at my side ... this should hopefully help the STBX's disgusting lawyer shut his gob up!

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              • #22
                Good idea. Use whatever resources are available to you. I found that my lawyer's impeccable manners and presence were such a contrast to the OC that the Judge was very quick to interject and express disapproval of the OC's presentation. At one time, when my ex was between lawyers, he was given enough 'rope to hang himself' and he came off as a fool. This did not bode well for him at all.

                I am an aggressive individual and am able to stare-down my ex's lawyer without too much difficulty. I just remind myself that this poor witless fool does indeed want a reaction from me with the hope that I crater and settle.

                Keep strong and remind yourself that you are much better than the hired help (OC).

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                • #23
                  Something else which is worthwhile and simple is to be sure to go online and post a comment on the local lawyer review blog.

                  Nowadays with the internet it is much easier to find out information about a lawyer before you retain one. Same goes for the OC (opposing counsel). Check CanLii to see what cases they have been counsel for.

                  I do realize that if a lawyer is reviewed by the law society that likely the worst discipline they are likely to receive is simply remedial reading.

                  Ironic that one of the most serious crimes a lawyer can be charged with is misappropriation of a trust account. Perhaps this is why lawyers are averse to having their client's accounts assessed??? Always about the money IMO.

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                  • #24
                    Originally posted by arabian View Post

                    Ironic that one of the most serious crimes a lawyer can be charged with is misappropriation of a trust account. Perhaps this is why lawyers are averse to having their client's accounts assessed??? Always about the money IMO.
                    Yep, the only way to get their attention is through their pocket-book. Is it any wonder that the number one dirty lawyer tactic is to try to starve-out the opposing party with unnecessary motions, conferences and what I consider useless paperwork.

                    I'm not backing down regardless, thanks to years of intimidation - I have patience to spare and am frugal to a fault ... this is going to trial (unless the STBX expires before that date.) Que sera sera.

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                    • #25
                      Hopefully you will have your judgement before your ex expires although I do believe that should he die before everything is wrapped up you would still be fighting his lawyer for the spoils/estate.

                      Remember all the money you spend on legal fees is 100% tax deductible because you are fighting for SS. Small consolation for what you are going through but it is something.

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                      • #26
                        I've been reading up on what happens should one spouse drop dead before the divorce is settled. In Quebec the status quo SA is maintained (suits me fine) until a judge rules on the validity of any wills/insurance claims.

                        As a legal dependent of the estate (SS) I would have the right to go to court and sue any inheritors. Also his lawyer would not be taking care of this case if it were an estate settlement. A new lawyer would be assigned ... could not be any worse than this jerk!

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                        • #27
                          I can't follow the thinking behind seeing criminal justice served in the family law system as a fair system. Should one receive a punitive family law position because they have behaved poorly under criminal law? I personally don't think so - that is why we have a criminal law system.

                          I also don't follow the thinking behind believing random lawyers are acting out on their clients' behalf -- actually, this rather made me laugh out loud. They follow client directives. If you want to put your big girl (boy) panties on, hire one who will ONLY (Ontario) do collaborative law. You'll easily separate the chuff from the chaff, and the crazy clients can be picked out.

                          I suppose there could be a random few lawyers who are ramped up on testerone/whatever pill is available at the gym/girls on a mission (we have one here in our area nicknamed "trickydicky"), but I suspect for 99% lawyers, its a job. We also have a nickname for clients, who are ramped up on righteousness and revenge.
                          Start a discussion, not a fire. Post with kindness.

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                          • #28
                            Canadian divorce act recognizes mental & physical cruelty as well as adultery. Mental and physical violence may also be punishable in criminal court. I believe the two courts (family and criminal) do indeed intersect - under the auspices of Child Services or other government agencies. If this weren't true then why do family courts even hear any evidence at all about allegations of abuse from one spouse against the other?

                            I often read about how people want to hire the "meanest, nastiest" lawyer to take care of their ex in family court. These same people are usually the first to complain when their court matters are not settled in a timely manner. With this in mind I do believe people have to take more responsibility for their lawyer's actions. If your lawyer blatantly lies and it is proven then the person who retained this person should be held responsible. Kind of like being financially responsible when one's child damages property.


                            I think it would be helpful if the judges in family court exercise their discretion to strike pleadings for perjury. I asked someone once why perjury charges are not pursued in family court and was told that it would be cost-prohibitive.
                            Last edited by arabian; 01-11-2015, 07:48 PM.

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                            • #29
                              [QUOTE=arabian;189105. I believe the two courts (family and criminal) do indeed intersect - under the auspices of Child Services or other government agencies. If this weren't true then why do family courts even hear any evidence at all about allegations of abuse from one spouse against the other? [/QUOTE]

                              They don't. They shouldn't.
                              Start a discussion, not a fire. Post with kindness.

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                              • #30
                                The way I see it is this: If I had been physically attacked by some random stranger I believe that there would have been stiffer fines and probably jail time. Since the perpetrator was my ex-spouse it is labelled a "domestic incident" and for whatever reason it is made commonplace .... go figure?

                                The problem I have is when the family court system is used as a way for an angry spouse to exact revenge via his lawyer. In other words , he/she left me, he/she cheated on me, he/she was violent, he/she called the police so now I will pay my lawyer to make her/his life a living hell!

                                Mcdreamy's claim that 99% of lawyers just see this as a job, I doubt that. Maybe I'm jaded, though I suspect that many lawyers are jaded as well, and clearly enjoy the mind-games that go on in our courtrooms - to the detriment of us all.

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