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  • Recording a Court Proceeding

    I am a bit nervous/anxious for my first case conference next week. Are you allowed to record the conference with a cell phone? Alternatively bring a friend to take notes? I am scared I will get home and not remember exactly what was said or miss something due to my nerves.

  • #2
    Originally posted by kate331 View Post
    I am a bit nervous/anxious for my first case conference next week. Are you allowed to record the conference with a cell phone? Alternatively bring a friend to take notes? I am scared I will get home and not remember exactly what was said or miss something due to my nerves.
    Give this a read: http://www.ontariocourts.ca/ocj/lega...io-recordings/

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    • #3
      Always have a notepad and pen with you. Also try to separate the bs being said and your feelings. Ignore most of what your ex says and focus entirely on what the judge says. Ask the judge to repeat anything you are unsure of or did not have time to write down. Learn to take “coles notes”.

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      • #4
        At a Case Conference dont the lawyers do most of the talking? And yes I will take notes, thanks for the advice.

        My ex now has a Bay Street lawyer repping him and I have a Justicenet lawyer, so I'm hoping it wont be a David and Goliath scenario. Although I tend to overthink everything

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        • #5
          Judges look at facts. As long as your lawyer sticks to the facts you should be ok. CC judge also attempts to reach an agreement so you dont need to agree to anything right there. Just listen, state the facts and go from there.

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          • #6
            take a notebook / piece of paper and a pen and take notes - not to make it too obvious and quote the judge word for word every single thing he/she says. Just the important stuff
            The judge will generally be comfortable with this. Rarely, a settlement conference judge will be opposed to it (since the discussions are without prejudice), however if you say that you want to write down what the judge is saying so you can think about it later I would be very surprised if the judge does not agree.

            Always have a notepad and pen with you. Also try to separate the bs being said and your feelings. Ignore most of what your ex says and focus entirely on what the judge says. Ask the judge to repeat anything you are unsure of or did not have time to write down. Learn to take “coles notes”.
            Sound advice.

            At a Case Conference dont the lawyers do most of the talking?
            It depends on the judge. Usually, yes, but sometimes no.

            My ex now has a Bay Street lawyer repping him and I have a Justicenet lawyer, so I'm hoping it wont be a David and Goliath scenario.
            Facts (and evidence) win cases, not lawyers.

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            • #7
              Originally posted by OrleansLawyer View Post
              Facts (and evidence) win cases, not lawyers.
              Good lawyers have positive outcomes for their client and a bad lawyer can create anarchy on a file and a very negative outcome for their client.

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              • #8
                Could be a crap shoot for me, I just couldn't afford a $300 plus an hour lawyer. The cost imo would have outweighed what I am asking for. Mine charges $150.00 per hour. I'll let your know how I make out.

                YoungDad91, how did you know your first lawyer wasnt very good?

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                • #9
                  I would think you need a good lawyer to identify and articulate the relevant facts before a judge.
                  Being able to articulate the relevant facts of a case should be a threshold for "competent", rather than "good". The judge wants to know the facts. They want to make the right decision. The lawyer's job is to guide them there (or settle for something reasonable if their client has a losing case).

                  The tables turned three hundred and 60 degrees the minutes a notice of change was signed with my present lawyer.
                  Hopefully not quite that much, or else a bit more...

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                  • #10
                    Originally posted by OrleansLawyer View Post
                    The lawyer's job is to guide them there (or settle for something reasonable if their client has a losing case).
                    Hmmm, maybe this is where negotiating a settlement on arrears comes in??? Hold off paying to the bitter end and wait for a discount.

                    I'm becoming very cynical of this whole system

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                    • #11
                      this is where negotiating a settlement on arrears comes in??? Hold off paying to the bitter end and wait for a discount.
                      Ideally you settle for a discount at the start, not the end - that is when the payor's position is strongest.

                      If the recipient, either discount at the start (get money sooner) or offer to settle, slam the at the motion to change, and get a cost award.

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