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  • yeaaaaaaaahhhhhhhh!

    houuuurah

    finally there will be a movie about how
    rediculous today's divorce law is....

    https://m.youtube.com/watch?v=M3YA6u4ttN0

    https://m.youtube.com/watch?v=RvTkbsCpvwU


    Lawyer's putting leans on the divorcing couples
    home to secure the Lawyer's retainer

    hahahhahahahhahahhahahahahahahhahahahhahha

    I nearly crapped in my pants when I heard that

    time to do a clean up

  • #2
    Thanks for that info.

    I was just wondering. Is it improper/illegal for a legal aid lawyer to put a lien on her client's share of the matrimonial home sale to cover legal costs?

    Comment


    • #3
      But that's what they were doing!

      And.... Movie is already available on iTunes...

      Comment


      • #4
        https://m.youtube.com/watch?v=mjJKtyRZVV8

        Comment


        • #5
          https://m.youtube.com/watch?v=UqvH2hgw0ME

          Comment


          • #6
            Originally posted by Concerned View Post
            I saw this a few weeks ago, and as depressing as my custody dispute is, the cases in the film take the cake. I feel for these people. Some haven't seen their children in years.

            Sent from my Nexus 5 using Tapatalk

            Comment


            • #7
              Is it improper/illegal for a legal aid lawyer to put a lien on her client's share of the matrimonial home sale to cover legal costs?
              The lawyer does not do it - legal aid does, after the person signs an agreement permitting them to do so.

              Comment


              • #8
                Thanks for the info. Who gets paid if costs are awarded in trial and the only money this person has is the home that now has a lien on it?

                Comment


                • #9
                  Who gets paid if costs are awarded in trial and the only money this person has is the home that now has a lien on it?
                  Legal Aid generally expects the home will be sold as part of the litigation, or remortgaged - both situations allow them to recoup their costs.

                  If a person has a cost award in their favour, that can be paid to legal aid (and would thus reduce the amount owing to legal aid). If a person owes a cost award, Legal Aid still gets to eat their pound of meat like any other secured creditor; the cost award is unsecured, and would be up to the recipient to make efforts to collect.

                  We just went through the process of paying off the legal aid lien. It was only a couple thousand dollars
                  Legal Aid puts a lien on the house in an amount they believe to cover the case - usually it is $5,250 at the first instance. If the case progresses they can increase the lien as appropriate.

                  The actual amount owed to Legal Aid is the legal fees +20%, with the +20% representing their administrative costs. This is detailed in the contribution agreement signed by a the party paying legal aid.

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                  • #10
                    Very interesting, OrleansLawyer. What would you estimate to be the total costs of legal aid that goes from start to finish in trial?

                    And when you say "the cost award is unsecured, and would be up to the recipient to make efforts to collect.", what do you recommend? any effect on spousal support?

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                    • #11
                      What would you estimate to be the total costs of legal aid that goes from start to finish in trial?
                      It would cost as much money as you can fit in a box.

                      How big of a box? How long of a trial?

                      Comment


                      • #12
                        I'm going to be paying at least 40K from start to finish. The trial is costing me 30K.
                        Trial is 3 days.

                        Just wondering if Legal Aid charges different or set amounts?

                        Comment


                        • #13
                          Just wondering if Legal Aid charges different or set amounts?
                          The legal aid tariff would look something like:
                          Authorized to proceed to trial. Additional tariff maximum of 15 hours for all services prior to first day of trial other than attendance at trial- and 4 hours for all services for each subsequent day of trial other than attendance. Tariff maximum of 3 hours for necessary matters subsequent to trial.
                          So, a three day trial would be approximately:
                          3x9 = 27 for attendance
                          15 + 12 + 3 = 30 for preparation and resolution
                          Is 57 hours. The rate depends on the lawyer's seniority, with the rate ranging from $109 per hour to $136.
                          Citation: Tariff Rates | Legal Aid Ontario

                          Thus, with a contribution agreement, the cost would range from about $9k ($109 x 57 hours x 1.13 (HST) x 1.2 (LAO cost) + ~$500 disbursements) at a minimum, to $12k with senior counsel. Naturally, disbursements can go up if the case is complex, higher witness fees or translators are involved. There can also be a discretionary increase sought after the fact if the trial merited more work than provided.

                          Comment


                          • #14
                            great information. thanks!

                            Comment

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