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  • #1

    Questioning by lawyer $$$$$

    I have to go into questioning by my ex's lawyer and have no idea what to expect. They said it would likely take all day!
    Can I do this alone or should I have my lawyer present.This would cost close to $3000.00 for the day and I have nothing to hide. Any suggestions???
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  • #2
    Originally posted by vstar33 View Post
    I have to go into questioning by my ex's lawyer and have no idea what to expect. They said it would likely take all day!
    Can I do this alone or should I have my lawyer present.This would cost close to $3000.00 for the day and I have nothing to hide. Any suggestions???
    If you feel you are strong enough I would say go ahead. The lawyer will try and overpower you of course but he/she will reveal their position on issues and you won't be paying. It's nice to know where they stand.
    Take a notepad with you and write down every question asked, slowly and clearly. Don't answer questions that reveal your position or you are unsure about. Just say that you would like to discuss that one with your lawyer. Sign nothing. Ask lots of questions yourself. Your ex is paying for it, not you.
    This lawyer will of course tell you that your situation is hopeless and the easiest thing is to give in to their demands. Don't believe it. Lawyers lie. They will scare the hell out of you. Don't lose any sleep over it.
    Take lots of breaks. If you're there all day you will get tired.
    Take copious notes then go spend an hour with your lawyer.

    FN

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    • #3
      I say better yet, put a tape recorder in your pocket. I would not take a lawyer as they cost a lot of money. My ex actually had her mother launch a civil action against me and I was cross examined at that one. You do not have to offer in family law for examination for discovery. You are doing this of your own accord. I would say they will be all of $5k for this endeavor.

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      • #4
        Hi There,

        All I can suggest is keep your answers precise.Most of the time just answer in YES AND NO.I read an article and it stated "SUPPOSE IF THE OTHER PARTY"S LAWYER SHOWS YOU A PEN AND ASKS "DO YOU KNOW WHAT IS THIS"".AND IF YOU ANSWER "A PEN" THEN ITS A WRONG ANSWER.THE CORRECT ANSWER IS "yes".BE CONFIDENT AND IF YOU ARE SURE THAT THERE IS NTHING TO HIDE THEN DON'T WASTE YOUR MONEY OVER TO A LAWYER.

        WISH YOU BEST OF LUCK

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        • #5
          Don't bring your lawyer, bring a recorder and let them know that you are recording this day long questioning session.

          Don't answer anything you don;t have to answer and try keep your answers as short as possible , if your recalling something from memory ie: incident, event or a statement made by the opposing party etc; it is best to word it "something to the effect of" this leaves the window open for error if it did not happen or they did not say the exact words you have written in an affidavit. What you are describing is the effects of same after the fact.

          As a self represented litigant
          As a self represented litigant, you need to play polite and naive with the judge. The judge has an obligation to explain the court rules to you, however the judge cannot offer an explanation freely - you have to ask the judge to explain the rules. So, for example, you should ask the Justice "is opposing counsel allowed to not communicate with me under existing court rules?"

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          • #6
            If they ask a question that I do not have an answer for can I say I will get back to you or can I just refuse to answer the question. They are trying to proove I spent money recklessly and gambled it all away and that I am hiding money from the ex in foreign accounts.....All not true.

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            • #7
              About questioning....

              Hi Vstar,

              These allegations are typical in family law cases. Listen to how the question is worded. There are different methods of questioning. A good lawyer will chunk down, start general and then become more specific. They will use words quite often that are ambiguous. If the lawyer is ambiguous turn to the judge ask him to instruct the lawyer to be more specific as the question is either too general or ambiguous. If the lawyer becomes aggressive or belligerent. Turn to the judge and ask him to instruct the lawyer to show some self restraint as you are there to be truthful. When you don't understand the question, turn to the judge and tell him,,,smile be calm and say Your Honour I do not understand the question, or I find the question ambiguous Your Honour.. if the Judge agrees he will instruct the lawyer to either back off or re phrase.. take your time answer respectfully but listen carefully to the question. I would ask that any side comments that are insinuating to not be included in the record
              One more thing I have heard this many times before....if you are honest you don't need a good memory

              Hope this helps, good luck.

              PS The tape recorder I believe is allowed if it is not in an obvious fashion. I took a digital pocket recorder, available at Future shop. Takes pictures records etc. about 50-70 dollars.

              Remember turn to the judge if you have any concerns..before you answer..generally they are very helpful and calm

              All the best,
              McBroke

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