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  • Are Lawyers Held Accountable

    My spouse is using a very 'high conflict lawyer'.


    She spouts endless threats, i.e. motions, accusations etc.

    Moreover, she schedules 'Case Conferences' when my lawyer has clearly stated he would be unable to attend. Of course, this triggers letters going back and forth. Thus, costing me more money.

    I've rcvd. so many bizarre letters, if it's not more than 3 pages, I barely raise an eye brow.

    I know doctors and teachers etc. are held accountable for their actions.

    Family Lawyers just seem on their own like it's the wild west. 'Sort of following guidelines'.

    Are lawyers in family law accountable? I'm in the Toronto GTA.

    Thanks in advance

  • #2
    The Law Society of Upper Canada, their governing body has a code of conduct that they must follow. Communication and being respectful are only a few of them. Mention filing a complaint with LSUC and see what happens. Ex's lawyer was doing some nasty things, as well as not responding to letters and phone calls for over 6 months. They had a change in attitude immediately after the LSUC was mentioned.

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    • #3
      Something that seems to be overlooked here is that the lawyers are directed by their CLIENT.

      Direct your own lawyer on what to respond to and how to save the cost of hundreds of letters going back and forth.

      Be sure to ask for costs.

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      • #4
        Originally posted by blinkandimgone View Post
        Something that seems to be overlooked here is that the lawyers are directed by their CLIENT.
        And thats a lovely little "get out of jail free" card the lawyers like to play.

        The reason I hired a lawyer in the first place was for guidance and advice on stragegy, and on how to navigate and handle the system.

        $20k into my highly acrimonious case, I noticed they gave a rats-a** about my details, and stated "we are just taking direction from you". Their advice and guidance became "just give her what she wants as shes nuts". So now, I'm crunching my own numbers, figuring out my own strategy, and paying zillions for "dispursements", "filings", "phone calls"... all of which I could have done myself and essentially buying me nothing in return.

        Of the $XX,000 I finally ended up paying bought me very little in terms of "guidance and advice".... just a whole lot of paper pushing.

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        • #5
          Originally posted by blinkandimgone View Post
          Be sure to ask for costs.
          Another pile of doo-doo.

          As each of our legal bills climbed well into 5 figures, costs were always part of any communication.

          Towards the end... lawyer says, "it's very difficult to get costs from a support receipient.... any offer she refuses has to be way over the top for the courts to consider costs".

          If my lawyer would have told me the same things at the begining... rather than 3 years later... decisions would have been very different.

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          • #6
            Send this to your ex's lawyer:
            I draw your attention to Rule 6.03(1) of the Rules of Professional Conduct which state that, "a lawyer shall be courteous, civil, and act in good faith with all persons with whom the lawyer has dealings in the course of his or her practice."
            Oh, and send him this link:
            http://www.lsuc.on.ca/with.aspx?id=671

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            • #7
              Originally posted by HappyMomma View Post
              Send this to your ex's lawyer:


              Oh, and send him this link:
              Exactly. There is no excuse for not having conferences based on both parties schedules. Going ahead and booking conferences without doing this is extremely uncooperative on their part, creating unnecessary conflict.

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              • #8
                This is why my advice to anyone over the years has been: find a lawyer who listens to YOU. You should be telling your lawyer what it is you want exactly, yes, they can offer options but in the end it's up to you.

                And please, shop around!

                Comment

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