Legal Aid Lawyers: Are they really that bad?

[danzuchy]

I am in the GTA area. I have two friends who are going through nasty divorces. Both spouses have no income and are using Legal Aid lawyers. My Friends are paying for their lawyer.

The result: Both say the Legal Aid lawyers are giving them "hell". One has spent 30K, the other is up to 40K. Both say the Legal Aid Lawyers are masters at dragging things on and have appeared in numerous CC and motions. I was under the impression legal aid limits it to one motion, one CC.

So what's the deal? Here you only hear horror stories about Legal Aid lawyers. But when faced with one, people say it's a nightmare because you are paying, the other side is not.

So what's the deal with Legal Lawyers? Are they really as bad as described here?

[WorkingDAD]

Originally Posted by danzuchy

I am in the GTA area. I have two friends who are going through nasty divorces. Both spouses have no income and are using Legal Aid lawyers. My Friends are paying for their lawyer.

The result: Both say the Legal Aid lawyers are giving them "hell". One has spent 30K, the other is up to 40K. Both say the Legal Aid Lawyers are masters at dragging things on and have appeared in numerous CC and motions. I was under the impression legal aid limits it to one motion, one CC.

As I know there is limit of hours. But they can ask for extension base on case.

So what's the deal? Here you only hear horror stories about Legal Aid lawyers. But when faced with one, people say it's a nightmare because you are paying, the other side is not.

100% agree

So what's the deal with Legal Lawyers? Are they really as bad as described here?

Depends what you a looking for right ) If you have a kid and he is with you Lawyer who can drag for years and built status quo probably would be good for you. And you not paing for that remeber ? )

[WorkingDAD]

Originally Posted by iceberg

I had a legal aid lawyer and he was very good. The only thing I refused was when he told me I should FIGHT for sole custody instead of making a shared custody AGREEMENT because in his opinion I had a chance for full custody. I said no, I believe it is in the best interest of our child to have both parents equelly involved and I do not regret my decision.

I do not think LA lawyers are any different than private once. Except the price.

I seems for me that they are just as other Lawyers. But from other point of view why not everybody accept LA ?

Why he recommend you to go for Sole Custody? Answer is clear for me he would easily make another 10k from your Certificate and conflict would be hight and in the end you may be would get sole custody but for what cost? and not only financially...

[Mess]

The lawyer gets paid less per hour on a LA certificate and LA limits charges for other fees like law clerk, courier, etc. The lawyer only makes "another $10k" if they don't have any other business and would be sitting in their office playing online games.

[WorkingDAD]

Originally Posted by Mess

The lawyer gets paid less per hour on a LA certificate and LA limits charges for other fees like law clerk, courier, etc. The lawyer only makes "another $10k" if they don't have any other business and would be sitting in their office playing online games.

10k was just as example. I am not into counting other peoples monies )
I have enough problem with counting my own debts now...

[shorty]

can anyone advice me how to get a good legal aid lawyer and what do i look for

[lilspinx]

When applying for legal aid, and if successful in obtaining a certificate of coverage; they, legal aid, most likely will give you a list of solicitors in the area that accept. Search those names from the list at Canlii, to determine which one would likely promote/defend your cause to their best ability.

[wretchedotis]

I don't know if they are bad...
I self represented against one.

I wouldn't say he was totally gung-ho to my ex's cause - but he was under contract and did his job thoroughly enough.

Mind you I have not studied law, nor passed the bar.
So his apptitude seemed more than adequate in my eyes.

I would hazard a guess that they do not devote all their time to a Legal Aid case, but nonetheless do an adequate job of representing their customer.

Sort of like make sure their rights don't get trampled on - but don't go the extra mile for border-line concepts either./

Just my opinion, more like what I woould do if I were in their shoes.

[ddol1]

I did check this out..... legal aid misconception is they are free. They are not free as the assets you may get when your case is settled will be used to cover the full legal bill. Many Lawyers do not wish to be involved not because of the limited fee structure but on the very strict limitations all legal aid lawyers must abide by.

Not being specific, as it applied to everything under legal aid - hours are set by the act being defended so to put it in an easy to understand perspective, it may take 15 hours to properly prepare a case for the court appearance but thay are only aloted a small portion of those hours and they must do what they can within that limitation. Once signed on as a legal aid client, they are not allowed to cover the extra hours to properly defend directly under any circumstance. This results in a customer who is only partially defended, getting hopefully at least the basic defence or offence if the case may be. But the lawyer told me that how would you know what the real result would be if a person would be fully represented.

So should your case get even a little complicated the only option you have is for the legal aid lawyer to step down and you must start over again. The fees to date will still be due upon the property settlement however. In cases that there will be absolutely no positive property settlement for the represented then it truely will be a free legal aid service. Last thing this lawyer said was in family law there is no way there is enough hours alloted to a case unless it is a very simple and basically uncontested scenario where a person just needs to get the legal stuff done - say to finalize a divorce.

Income wise I qualify for legal aid easily. Since we do have equity in our home and some rrsps the lawyer said the best option was to sell the rrsp's to cover the legal - try and just settle without the arguing over the petty stuff, even the not so petty stuff as in the end I have had this drilled into my head - marriage and divorce is nothing but money, everything can be reduced to a dollar figure.

[ddol1]

Sorry I just justify the statement - anything can be reduced to a dollar figure when dealing with the material aspect of divorce. Children and thier well being are priceless.