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Is a lawyer ever held accountable for bad behaviour?

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  • #31
    This is a neat read: http://www.justice.gc.ca/eng/rp-pr/c.../bpfv-pevf.pdf


    Furthermore, cases that involve allegations of family violence commonly involve more than one court. There may be parallel criminal, family law and child protection proceedings. The family (including the complainant, the accused and any children) may have contact with numerous agencies, including the police, the Crown, victim support services, health services, and child protection agencies.
    Each different court and agency has its own priorities processes, procedures and schedules. The manner in which information is shared (or not shared) among the various stakeholders can have a substantial impact on all parties involved. A lack of coordination may result in confusion, inconsistent court orders and have implications for the safety of family members.
    The purpose of this report is to explore "best practices" relating to cases making their way through the criminal justice system where there are parallel family court and child protection proceedings. The intent is to identify practices, which from the criminal law perspective, best promote the safety of family members while also ensuring a fair process for the accused.

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    • #32
      Originally posted by Janibel View Post
      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?
      I too experienced frustration when my ex was charged with fraud over 5,000 and the crown prosecutor would not prosecute the matter deeming it a "family court matter" - this was after an intensive 6 month investigation and charges from the city police department.

      Yes go figure?

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      • #33
        I think the province of New Brunswick has the best idea on how to deal with family violence/divorce issues. This pilot project was adopted and hopefully it will spread throughout the country. It would mean less money for lawyers though (boo-flipping-hoo!)

        Domestic violence court in Moncton made permanent

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        • #34
          Originally posted by LovingFather32 View Post
          Here's the problem in a nutshell:

          "Domestic violence or partner abuse is well recognized as a serious and complex issue. The response of the justice system, both family and criminal, is complicated by the fact that domestic violence often gives rise to myriad inter-related family problems involving safety and family separation.

          Legal proceedings are further complicated by the fact that the criminal and family cases occur separately. The two courts operate independent silos with virtually no sharing of information between them and very little ability to communicate."

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          • #35
            I think if you want to complain against the lawyer you need to have VERY specific complaints which cannot be defended by "I was acting in the interest of my client" and provable and documented.

            The lawyer intimidated in me in a settlement conference or the hallway is meaningless, not provable and the lawyer can say "I really believed he was X"

            In some cases, where there was a judicial sale of a home by bankruptcy lawyers tried to get colleagues to be managers of the home sale the judges ALWAYS say no because they say it is a conflict of interest and demeans the profession of the lawyer to be something like "money hungry".

            You file a complaint against a lawyer, prepare to be called crazy....

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            • #36
              Originally posted by Links17 View Post
              I think if you want to complain against the lawyer you need to have VERY specific complaints which cannot be defended by "I was acting in the interest of my client" and provable and documented.

              The lawyer intimidated in me in a settlement conference or the hallway is meaningless, not provable and the lawyer can say "I really believed he was X"

              In some cases, where there was a judicial sale of a home by bankruptcy lawyers tried to get colleagues to be managers of the home sale the judges ALWAYS say no because they say it is a conflict of interest and demeans the profession of the lawyer to be something like "money hungry".

              You file a complaint against a lawyer, prepare to be called crazy....
              Documentation/Proof is key. If it's one thing I've learned thus far .. it's that.

              The bullying in the hallways, etc was just for you guys on ODF. Definitely wouldn't complain about that stuff. I can't. No proof.

              What I plan on doing when the time's right is making specific complaints with evidence of them which coincide with the Rules of professional ethics of the LSUC (I posted the link a few posts ago).

              Some examples of documentation:

              - E-mails threatening criminal court for falsifying e-mails. (I did not).
              - Refusing to disclose (under rule 19/Form 20)
              Instead passing around edited recordings to bias OCL
              - Insinuating incest after an "XOXO" at end of e-mail to my mom
              (right in court - transcripts. Judge was not content) - damaging stuff.
              - Persistent with all allegations even after all disproved
              (sexual, substance abuse, etc).
              - Wrote that I couldn't see D3 on my birthday because I was probably out partying.
              - Refusing a mutual disclosure meeting with OCL because "he didn't want to sit across from me". Instead scheduled one after the motion to sabotage the motion (and it did .. we adjourned).


              These are just a few of the items that are documented.


              - Threatening my job. (Now if he had just said this to me in the hallway I wouldn't complain - no poof). This was said to an officer of the court - my lawyer, during a meeting. She said she would write an affidavit if we were to pursue this.

              There is a lot more. I'd be typing all day though.

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              • #37
                My lawyer instructed me when he started to represent me that he would not allow anything in an affidavit from me that could not be corroborated by fact.

                Had your ex's lawyer required the same from his client (irrefutable proof) you would not be in your current situation. If anything, your ex's lawyer has been in possession of documentation that you are not a drug/alcohol abuser. This, in itself is compelling evidence of his breach of professional conduct. When you are making your case with the law society I'd recommend only putting forward items which you can irrefutably prove (for example, documentation of service that the lawyer did indeed have the urinalysis).

                Good for you for going through with this. Like everything else in life, documentation of bad behavior is important.

                Comment


                • #38
                  Originally posted by arabian View Post
                  If anything, your ex's lawyer has been in possession of documentation that you are not a drug/alcohol abuser. This, in itself is compelling evidence of his breach of professional conduct.
                  .
                  Yes. Good point. What proof has ex ever had that I was violent? I was denied access due to drugs/alcohol. What proof? When I gave proof I wasn't her lawyer simply said he didn't like all my modes of testing. I think I did every form of testing possible (liver enzymes, urinalysis, hair follicle and blood tests, including a complete toxicology from my family Dr).

                  Still .. no access. Then they had OCL spend her time verifying that all of these were supervised instead of interviewing important witnesses of mine, seeing how I was with D3, etc.

                  Now all this violence crap has been tossed as well. D3 was abducted and held for 3 months for what? I was supervised at 3 hours/day for what? She apparently didn't need proof. Nor does she have any consequences.

                  And the current system's okay with this somehow.

                  Gross.

                  Disturbing stuff.

                  Comment


                  • #39
                    Originally posted by blinkandimgone View Post
                    You can file a complaint with LSUC. The judges likely won't be happy with his conduct but it isn't their job to discipline them.
                    Did it, been there, have the t shirt. At the end of the day the LSUC closed the investigation. Did nothing.

                    I suggest sueing. Just file a claim.

                    Comment


                    • #40
                      Tort law in family law situations is iffy. I could be wrong but doesn't there have to be a 'measurable' loss?

                      Comment


                      • #41
                        most, not all, are filth. From my experience, men are worse then women lawyers. I have not yet met a women lawyer that is psychopathic the way male lawyers are. They just don't give a sh*t. we are all suckers, to be exploited.

                        Pure pure evil.

                        I think community should start a lobby to have the family law system changed in this country. Make it more like health care.

                        I am willing to throw time (I am a programmer/engineer) and can put up a web site for the cause. What do you guys think ?

                        Comment


                        • #42
                          The only way that family law seem to be changed or evolves is through precedent-setting cases. There have been many attempts at changing family court law but they never seem to go anywhere. I liken the whole thing to be a group of head-bobbers who sit in a room and paraphrase each other. Lots of discussion but nothing comes out of it.

                          I think a lot of the problem is that the judges rely too much on 3rd party reports and are dearth to make decisive rulings. Process is too long, expensive for the average person. People generally go to court to get a ruling because they can't work things out on their own. System them forces people to engage in a long drawn-out process (through case conferences etc) which is just judicially-induced mud flinging IMO. IT shouldn't take so long.

                          I also have a big problem with the way the reports of the police department (on cases of alleged abuse) are disregarded. Judges don't want to make a decision on anything until they get reports from the various government agencies who may or may not have the best staff employed. Meanwhile children are stuck in the middle of warring parents who likely just want to get on with their lives.

                          Best thing that could happen is if there was a ceiling on the amount of legal fees expended for a family law case. Any amount exceeding the ceiling amount would have to get approval from court. If money was limited I think the process would move along much faster.

                          Comment


                          • #43
                            Originally posted by plainNamedDad44 View Post
                            Did it, been there, have the t shirt. At the end of the day the LSUC closed the investigation. Did nothing.

                            I suggest sueing. Just file a claim.
                            Suing would probably be a waste of time IMO - they protect their own. This 'elitist' mentality that judges and lawyers have (us against them) is very disturbing.

                            Thinking outside the box, I'd like to see some sort of "co-op" legal options something like we have in Quebec pertaining to Banks. Members would pay a small yearly fee to be protected in the case they need representation. Abolish Legal Aid altogether, it's garbage.

                            Also it would be more cost effective and less time consuming if family law and criminal proceedings could be merged .... get it all taken care of under one roof with one judge who rules over the entire mess.

                            Comment


                            • #44
                              I heard from a friend about a female lawyer in Oshawa who got her share of Karma justice. The husband had been convicted of domestic assault and his female lawyer was able to secure unsupervised access to his 2 year old son. The lawyer was also having an affair with him.
                              Shortly thereafter the wife gets a phone call from the CAS and police to come pick up her son immediately from the access visit . Turns our the husband beat the %#^*¥€ out of the lawyer he was having an affair with and was charged with assault!
                              What comes around goes around

                              Comment


                              • #45
                                Originally posted by Stillbreathing View Post
                                I heard from a friend about a female lawyer in Oshawa who got her share of Karma justice. The husband had been convicted of domestic assault and his female lawyer was able to secure unsupervised access to his 2 year old son. The lawyer was also having an affair with him.
                                Shortly thereafter the wife gets a phone call from the CAS and police to come pick up her son immediately from the access visit . Turns our the husband beat the %#^*¥€ out of the lawyer he was having an affair with and was charged with assault!
                                What comes around goes around
                                Your story is a victory in a sense - this female lawyer will now make one hell of a domestic violence advocate. There's nothing like ''first hand" experience when it comes to helping others out of a bad situation. I feel sorry for the 2 year old though ....

                                Comment

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