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  • Gilligan
    replied
    Couldn't agree more, the who system promotes conflict and need a serious overhaul. The problem is that it's often the lawyers / judges who have a financial interest in this racket who are supposed to modernize it.

    It's also un-popular and nobody wants to actually look beneath the covers, but it's a terrible system which is supposed to be focused on the child, but it's so easily manipulated and the financial motives so great that it's a sure recipe for high conflict.

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  • ninehundredt
    replied
    I tend to agree with most of the sentiment in this thread, having dealt with the family courts for the past six years. There are some decent and relatively ethical lawyers out there, but it's difficult and can be costly to work your way through to the right one.

    I've found in almost every instance, I've had to micromanage them to some degree. Get written estimates, and hold them to it when they come back with an invoice for double what was quoted.

    Lawyer hourly rates are also grossly out of touch with similar fields (engineering / sciences). In my area an engineer would run you anywhere between $100 to $200 per hour, whereas any lawyer with a few years of experience is asking over $300 per hour. Pretty ridiculous considering the disparity in complexity of the work being done, as well as the potential for not delivering any meaningful result from their service.

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  • LovingDad1234
    replied
    Family Court is a joke. Only winners are the lawyers. I could not believe how much of a farce it was, an expensive farce. Donít know what to do about unethical lawyers whose MO is to purposely run you out of money in hopes you give up the fight. Canít report them to law society as for all you know they are simply taking instructions. Bad reviews online? Doesnít stop them either...

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  • Stillbreathing
    replied
    LovingDad1234, the problem is that stalling a trial date is also extremely easy to do with a High conflict ex and their lawyer. All they have to do is when your lawyer estimates trial will take 4-5 days, they simply say they disagree and estimate trial will take upwards of 20-30 days. This tactic Gaurantees no judge will put you on the trial list and effectively stalls the proceedings for at least another 3 or more years!

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  • LovingDad1234
    replied
    The worst is a greasy legal aid lawyer. They are all too happy to keep you and your lawyer returning to countless Settlement Conferences to rack up your legal bill. Be very aware of this tactic. Judges cannot impose anything at a settlement conference so if itís high conflict, set a trial as soon as you can.

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  • rockscan
    replied
    Remember too that lawyers take instructions from their client. If the client is unreasonable they have no problem doing their bidding. Plus they have a lot of cases and moving on a file takes time whereas holding doesnít.

    My mom had a legal aid lawyer 30 years ago who was awesome, kept the file moving and gave mom the gears when she wanted to pull stunts.

    Not all lawyers are bad.

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  • Helpmyspouse
    replied
    I think the lawyers from legal aid just make the money run out. They may not do it intentionally but everything can be "legitimately" stalled. Lawyers are bound by the court process and that is very broken. The lawyers are pros at accounting for their time for no real results just in case there are complaints. They know how to play the system. Self repping is not an option for most of us and they know this and capitalize on our vulnerability and emotional state. One example, Asking for adjournment after adjournment after adjournment. Yes they are doing work but it is going nowhere just stalling.
    Last edited by Helpmyspouse; 12-23-2019, 08:41 PM.

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  • fairlight
    replied
    What about when the lawyer works for legal aid? Now it's on the taxpayers' dime. Surely there must be *some* accountability?!

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  • Stillbreathing
    replied
    Totally agree with Helpmyspouse. Iíve been in litigation even longer and have the same experience. In my exís case he has a slime bucket lawyer who is taking advantage of him( he is brain damaged and easily manipulated). My ex got a huge personal injury settlement and his lawyer is taking him for every penny he can. I would report my exís lawyer to the law society for taking advantage of a disabled client but itís not my role to protect him anymore, so I donít.

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  • Helpmyspouse
    replied
    I've been at it since 2013. Everything is tolerated. Everything takes months for one step and even that can go nowhere. Because of this stalling expect to pay your lawyer to prepare your financials over and over again. There is no accountability in family law and it's filled with unethical and crooked lawyers and they are all the same on some level. Even the ones that are ethical you will end up burning through any equity and savings you have because the court process is a shit hole. It's a horrible place to be in. I'm sorry to sound so negative but I just can't see any positivity in this whole broken system.

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  • Karma2016
    replied
    Ask for an adjournment till your lawyer is able.

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  • fairlight
    started a topic Unethical lawyers

    Unethical lawyers

    Is this tolerated? For example, one side bringing a motion without proper service of documents, not following the timeline, when the other side's lawyer can't be present and the person is forced to self-represent, etc.
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