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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-14-2020, 07:31 PM
pinkHouses pinkHouses is offline
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Default Legal representation

Hi.

If I have a lawyer on my file as my representative.

They have implied that I am not allowed to tell them I will respond to legal filings like 14b motions and they must be in court with me.

Is it true?
thank you
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Old 05-14-2020, 07:40 PM
Kinso Kinso is offline
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Depends on your retainer.

If you lawyer is 'full scope' and 'on the record', then they are correct. Your lawyer is your representative and you can't do your own filing/appearances without their involvement. This is because a lawyer 'on the record' has duties and obligations to the court, and you get certain privileges (like your lawyer being able to accept service on your behalf).

However, if you have a 'limited scope' retainer, where you are in charge of your case and you use your lawyer on an ad hoc basis (bit of advice here, an appearance there...etc), then you have more flexibly. However, your lawyer does not have the same responsibilities to the court or you, and ultimately if deadlines are missed it's your problem.

If you're looking to save money by doing the easy stuff, talk to your lawyer about converting your relationship to a limited scope retainer... but not all lawyers do this. Keep in mind if things go wrong on a limited scope behaviour, your lawyer does not have the same possibility liability to you.
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Old 05-14-2020, 08:26 PM
Abba435 Abba435 is offline
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so when exactly do lawyers have liability where the client actually gets damages?
Asking for a friend :-)
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Old 05-14-2020, 08:27 PM
Kinso Kinso is offline
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Quote:
when exactly do lawyers have liability where the client actually gets damages?
haha, when there is negligence and a duty of care.

Keep in mind lawyers often give advice that a client fails to follow, which does not make the lawyer liable.
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Old 05-14-2020, 08:37 PM
Abba435 Abba435 is offline
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I'll bite.

When was the last family law case where a lawyer was sued for duty of care and lost?

And when a lawyer gives lousy advice and incites clients (as was pointed out in a case recently) why no recourse?
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Old 05-14-2020, 08:55 PM
pinkHouses pinkHouses is offline
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Any black and white examples of a lawyer being in error such that they are accountable?
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Old 05-14-2020, 09:09 PM
Abba435 Abba435 is offline
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https://ottawacitizen.com/news/local...llion-missing/
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Old 05-14-2020, 09:22 PM
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blinkandimgone blinkandimgone is offline
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This seems to be going a bit off topic here so let's bring it back to the OP's question...

Quote:
Originally Posted by pinkHouses View Post
Hi.

If I have a lawyer on my file as my representative.

They have implied that I am not allowed to tell them I will respond to legal filings like 14b motions and they must be in court with me.

Is it true?
thank you
I believe Kinso gave a very detailed response, does that answer your question?
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Old 05-14-2020, 10:33 PM
pinkHouses pinkHouses is offline
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He did.
I suppose I have to look up the additional questions using those key words.
I know lawyers embezzling millions or murder or anything like that so....there must be something lower I hope I can find like giving incompetent advice and the client following it.
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