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  • Does insolvency change a lawyers conduct

    Hi

    Ex is very close to insolvency and is responsible for most of litigation

    Ie. the lawyers had to get involved for her to take a picture of their health cards…and then she complains about her legal bills

    At any rate she has burned through half a mill and owes the cra 40+ k and has no assets.

    If it is demonstrated how close to insolvency she is, will a lawyer change their approach because now they won’t get paid?

    I really hope that this was not going to be the outcome especially for my kids but that’s where it’s at.

    And no I am not trueblues spouse

  • #2
    Originally posted by Kkc View Post
    Hi

    Ex is very close to insolvency and is responsible for most of litigation

    Ie. the lawyers had to get involved for her to take a picture of their health cards…and then she complains about her legal bills

    At any rate she has burned through half a mill and owes the cra 40+ k and has no assets.

    If it is demonstrated how close to insolvency she is, will a lawyer change their approach because now they won[emoji769]t get paid?

    I really hope that this was not going to be the outcome especially for my kids but that[emoji769]s where it[emoji769]s at.

    And no I am not trueblues spouse

    I think her lawyers conduct could possibly be driven by an interest in your financial assets more than her.

    Technically, if your ex stops paying her lawyer, then the lawyer can withdraw themselves as solicitor of record.

    However, if the lawyer believes that they can get a financial settlement from you that recovers their expenses they will continue until there is risk to them.

    Imagine this scenario:
    - Your ex owes lawyer $xx,xxx in legal fees arrears
    - if the lawyer abandons her, she never gets the $xx,xxx.
    - if the lawyer keeps pressing you, theres still a chance of recovering it.

    Comment


    • #3
      I think this guy wants retainers replenished. The other side of it is I am owed a total of 200+ k as well.

      She asked for money to help with retraining. And I said I would advance it as long as she showed me receipts and what she registered for and then got pissed in front of the mediator. It actually was going well until some of her backhanded behaviour was mentioned…I have never seen someone so afraid of their conducts shadow

      I am thinking the best approach

      Financial disclosure where I know where to point the questions
      Follow money trail
      Look for patterns inconsistent with legal bills
      Show the raw numbers

      Comment


      • #4
        It depends on the lawyer. From 2nd hand experience even if there are assets available to the client (such as a house) the lawyer, may withdraw themselves before being committed to a trial.
        Your ex sounds like the sort to file for bankruptcy.
        Your ex sounds irrational and unstable.
        Those are not qualities people put faith in.

        I don't know who gets paid first in case of bankruptcy.

        Is your ex working yet? If not then legal aid may help her.

        Strangely, I feel bad for your ex. What possessed her to be so destructive?
        At that rate either one of you could have simply said "stop"

        Family Court is so messed up in that is allows 1 person to destroy so much and those in it to fall victim to them and the court services industry.

        Comment


        • #5
          Re bankruptcy

          Funds in the house would go to me as it is family property and my interest is above.

          The rest…I do not know

          The issue with her is that she really cannot process or comprehend these things so when concepts are explained to her, she blanks out and is drive.man by

          Comment


          • #6
            Why are you worried about her stupidity? If your funds are safe, what she does is her business. Its not like you havent tried to reason with her. She firmly believes she is right and will prevail. The only thing you can do is see this through to the conclusion. You arent being unreasonable. You arent spending her money and you arent increasing her bill.

            Comment


            • #7
              Thx for reply

              I worry about her stupidity because it prevents the care my kids need

              She has a lawyer who knows she is stupid and sucking the family dry

              So I want this picture painted so he bails for non payment

              Like we won the motion to support adjustment on a go forward with inputting to her (all this pre trial)
              Her lawyer is arguing my motion was meant to terminate support and he was successful…and she believes him even though the word terminate did not appear once in documents

              Comment


              • #8
                He wont bail. He knows he can get something and if she keeps paying his retainer she is getting money from somewhere. You dont know.

                Your kids will be ok. Just do you and let it go.

                Comment


                • #9
                  Originally posted by rockscan View Post
                  He wont bail. He knows he can get something and if she keeps paying his retainer she is getting money from somewhere. You don�t know.

                  Your kids will be ok. Just do you and let it go.
                  An ongoing retainer and legal fees is not the same expense as a trial retainer and trial fees. The OP is indicating she can't pay the lawyer. Maybe a judge makes them do the trial? Legal aid?

                  I think worrying a bit about the kids is OK but there is nothing that can be done if the ex is intent. It is hard to afford worrying about the ex, it makes them weak. There may still be a way to get them to make a rational decision.

                  Comment

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