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Now Disabled plea for discharge of Legal Aid debt.

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  • #16
    Originally posted by OrleansLawyer View Post
    Or, since there is apparently an overabundance of time, the following case law should prove instructive:
    CanLII - 2012 ABQB 571 (CanLII)

    I can advise that it has been cited with approval in Ontario.
    Thank you for the link. Interesting read.

    Is it not true that there must be a remedy?

    Comment


    • #17
      Am I not dealing with a trust (LAO)?
      No.

      Trust - "The right, enforceable solely in equity, to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary)."
      Source - Black's Law Dictionary

      Trust - "a trust is a relationship whereby property (real or personal, tangible or intangible) is held by one party for the benefit of another."
      Source - Trust law - Wikipedia, the free encyclopedia

      What you have is a debt. You signed a contract which permitted services to be provided for you, for which you would pay a portion of the costs thereof.

      The services are the time and expertise of a legal professional, with no guarantees of success or progress.

      You received this service. Consequently, you have a debt, as per your contract.

      You may negotiate on this debt, most likely with a plea on grounds of compassion. However, throwing legal terms in the hope the uninitiated will bob their heads and agree is the fief of sophists and charlatans.

      Comment


      • #18
        Originally posted by OrleansLawyer View Post
        However, throwing legal terms in the hope the uninitiated will bob their heads and agree is the fief of sophists and charlatans.
        Made me chuckle. Quite possibly the best sentence ever on this site.

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        • #19
          Originally posted by OrleansLawyer View Post
          No.

          You may negotiate on this debt, most likely with a plea on grounds of compassion. However, throwing legal terms in the hope the uninitiated will bob their heads and agree is the fief of sophists and charlatans.
          Thank you for your response.

          I guess we agree "Spophists and charlatans" exists. The only question in my mind remains who are they? I leave it alone.

          Thank you for the forum. It's helpful.

          Comment


          • #20
            Originally posted by OrleansLawyer View Post
            No.

            Please see the following:
            http://www.legalaid.on.ca/en/info/ma...tributions.pdf
            At part 4, it indicates that to obtain a waiver or compromise you should contact the client services department.
            Thank you for your reply.

            Based on what I read, it only applies to awards I would receive as part of a settlement? In my case none are expected.

            So this means that there is nothing to negotiate?

            Comment


            • #21
              So this means that there is nothing to negotiate?
              Call them up and talk to them. Offer them full financial disclosure of your current assets. Explain your financial situation for them and hope that they are willing to forego their claim on your assets.

              Comment

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