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Lawyer's Office Dropped The Ball

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  • Lawyer's Office Dropped The Ball

    In the final stretch of this nightmare;

    Have my settlement conference next week and earlier this week, while my lawyers office is closed for holiday's, the assistant filed settlement conference papers and signed off as per me, that I have disclosed all all my documents - but I have NOT, and she did this without my OK to do so! Earlier, speaking with my lawyer I told him I have my journal, hundreds of screenshots from my ex showing her behaviour, recordings of conversations, etc... When I emailed the assistant back (office is closed, can't talk to anyone) she says it's too late to change or amend it, we cannot adjoun and she is playing it down as no big deal and saying just let my lawyer do his thing to plead my case and go over anything that was missed in the brief.

    I am of coarse totally stressed by this run of events. My whole case is based on my 'evidence'. Without it, I'll be going into the settlement
    conference with nothing, and my ex definitely has evidence to support her side PLUS the OCL is on her/my daughters side.

    What to do now? Can my evidence be entered in? Do I have any recourse to the assistants conduct?

    Thanks for any help/advice guys!

    And Happy New Year to all!

  • #2
    You have timelines for evidence. If you still have "time" it can be submitted. However, if your lawyer is competent, surely you hired your lawyer for that very quality? It may be that your lawyer doesn't think it's valid.... for instance my hubby's ex had email after email about how the 5 year old didn't wear undies at our house under his pants. She thought that was valid to demonstrate dad's inappropriate parenting whatever. No one cared... her lawyer shouldn't have either lol

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    • #3
      Serene is right, do you actually think that a judge would be interested in (or have time) to look through hundreds of screen shots and read your journal? Surely your lawyer has a good grasp of your situation - in a legal sense.

      We have all been there BessaGuy, what seems vitally important to us may not be so in the eyes of a judge. The stress you feel is quite normal, we know our situation like no one else and feel the need to get our 'story' out there and to be validated.

      For better or worse, family law is very business like and only the basic facts are of importance in any given case. Your ex's mountain of 'evidence' will not get any more attention than you may think. The judges have heard it all a million times already.

      Trust your lawyer ... if you don't well, it's a little too late for that.

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      • #4
        Earlier, speaking with my lawyer I told him I have my journal, hundreds of screenshots from my ex showing her behaviour, recordings of conversations, etc... When I emailed the assistant back (office is closed, can't talk to anyone) she says it's too late to change or amend it, we cannot adjoun and she is playing it down as no big deal and saying just let my lawyer do his thing to plead my case and go over anything that was missed in the brief.
        This may be very strategic as well. If the communications show that you both are antagonistic towards each other, then it can be a reason to not award joint custody.

        Furthermore, why do you have recorded conversations. Note: it isn't that common to record conversations (yes I'm well aware you have YOUR reasons for doing so, but they may not be valid reasons for a judge). And consider this, if YOU know that the convos were recorded, then YOU ensured you behaved (hopefully) for these conversations.... from what I'm told, a judge knows that and doesn't give them much weight.

        Behaviours will come out in court. Trust me. It's not difficult to see through paper thin people.

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        • #5
          From what little I have read about your situation I think you might be incorrect in thinking that your 'hundreds of photographs, journal and recorded conversations" will make a difference at this time. I understand that (after reading your post of August) the judge was fairly abrupt with you at that time and said he wasn't prepared to hear anything at that time.

          From what I have read on CanLii in cases of parental alienation the judge relies heavily upon 3rd party assessment of the situation. Perhaps your lawyer could request time for an independent psychological assessment? A report from an unbiased psychologist would carry much more weight than some screenshots and personal journals.

          Have you considered the private assessment route? Parental alienation, while obvious to you, can be a tricky thing to substantiate/prove in court.


          Oh and by the way, in retrospect I am so grateful that my lawyer threw out many of the things that I thought were important and should have been included in our documentation for court. Had my lawyer included those things we most certainly would have bored the judge to death.
          Last edited by arabian; 01-02-2015, 12:08 AM. Reason: another thought

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