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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 12-29-2011, 04:02 AM
danzuchy danzuchy is offline
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Default Legal Aid or Sel rep???

If you had the choice would you chose:

1) Legal Aid
or
2) Self Rep.

I have heard horror stories with legal aid but self rep. has it's own problems.

I have advised my friend to self rep. as he's smart and in control of emotions. He qualifies for legal aid (he's on disability).

Did I steer him wrong?
  #2  
Old 12-29-2011, 07:22 AM
standing on the sidelines standing on the sidelines is offline
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I dont think you steered him wrong. If he is on disability then he has the time and i think that is one of the major obstacles with self rep. He can focus on his case instead of being one of many that the lawyer may have.
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Old 12-29-2011, 10:20 AM
Teenwolf Teenwolf is offline
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With self rep, does one present case law, as would a lawyer?
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Old 12-29-2011, 12:16 PM
TLCRN TLCRN is offline
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From experience, if the other party self represented, I would self represent but if other party legally represented, I would get legal aid.
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Old 12-29-2011, 12:57 PM
Femme Femme is offline
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I had an awful experience with legal aid. I ended up firing that lawyer and luckily had family help me with a retainer for a paid lawyer. Best decision I ever made!
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Old 12-30-2011, 10:06 PM
michlyn michlyn is offline
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Since he has the time, he is able to do some research. He can use Canlii for free to look up case law on situations such as his own. He can also familiarize himself with the Divorce Act and Family Law Act which can help with him with his case. If he does his homework he will have no problem representing himself. I wish him all the luck.
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Old 12-31-2011, 12:03 AM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by michlyn View Post
Since he has the time, he is able to do some research. He can use Canlii for free to look up case law on situations such as his own. He can also familiarize himself with the Divorce Act and Family Law Act which can help with him with his case. If he does his homework he will have no problem representing himself. I wish him all the luck.
Base on your post it sound like it peace of cake and everybody can do it. It may give people wrong impression.

It's not peace of cake. I went through 17 days trial on which I have some success but if I have choice and monies I would have lawyer - good one. I am not sure how I would use him thou (I meant probably asking his advice, knowledge law and language skills but still being one who in charge...)
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Old 12-31-2011, 02:15 AM
Teenwolf Teenwolf is offline
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Quote:
Originally Posted by WorkingDAD View Post
Base on your post it sound like it peace of cake and everybody can do it. It may give people wrong impression.

It's not peace of cake. I went through 17 days trial on which I have some success but if I have choice and monies I would have lawyer - good one. I am not sure how I would use him thou (I meant probably asking his advice, knowledge law and language skills but still being one who in charge...)
I would think it's dependent on the issue at hand. If you're going to court to battle out all the details of a divorce, then that can be time extensive and complicated. If it's something more straight forward, such as CS and S7 expenses for straight forward incomes, then you're not going to spend 17 days in court; the CMGs already lay out the groundwork for it.
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Old 12-31-2011, 12:07 PM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by Teenwolf View Post
I would think it's dependent on the issue at hand. If you're going to court to battle out all the details of a divorce, then that can be time extensive and complicated. If it's something more straight forward, such as CS and S7 expenses for straight forward incomes, then you're not going to spend 17 days in court; the CMGs already lay out the groundwork for it.
it's definitively true my understanding straight forward issues do not have to be in court anyway - but in Family Court you can make any issue complicated and time extensive
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Old 12-31-2011, 12:25 PM
Anxiety Anxiety is offline
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Maybe your friend should try legal aid and if he's not happy with the services provided he can stop dealing with them and self-rep. Not sure if this would complicate the matter at hand however. Legal aid lawyers at least know procedures. I was told by my lawyer (not legal aid) that Judges tend to frown on self-rep because it often results in delays because as laymen we don't have the training and knowledge of legal procedures. I felt that my case was too complicated to self-rep and had I qualified for legal aid I would gone that route. I'm one of many who does not meet legal aid criteria but does not have the income to pay a lawyer. I am in serious debt because of this last round and given my X's approach and high income I'm sure I'll see my self in procedings again. I can say that if this happens I will self-rep and simply seek procedural advice from duty counsel at the courthouse.
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