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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 07-10-2010, 12:23 AM
Nadia Nadia is offline
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Default Are Judges more biased towards people who self represent?

Hello all,

I would to hear what people think about my thought, that "Family Court Judges in general seem to be more lenient with people who self represent"

Based on my own experience, I have found that my ex who is self representing himself, is able to get away with a lot more in court then my lawyer is. There is a tendency on the part of judges to think that when someone is self-representing themselves they are less likely to be familiar with the laws and procedures and hence should be cut some slack to even the playing field a bit.

After my experience in court today, I am convinced that having a lawyer represent me actually counts against me. Therefore am seriously considering self-representation at the next court appearance.

Nadia
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Old 07-10-2010, 12:52 AM
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Default Judges and bias

Given that judges are invariably biased in one way or another, has anyone thought about compiling a list of Judges and their bias? In our my case, I've had been informed by my lawyer (and have found by experence) that there are judges that have been more pro-mother and others that really feel empathy for the father in the case.

It pretty much is a lottery based on who you get. This shouldn't be the case, as Judges are supposed to issue endorsement based on the evidence before them and family law rules.

But in the real world of family law, the outcome of your case is primarily determined by what bias the judge brings to the court room.

We've had several judges in our matter, and have found that there were one or two that were certainly more emphatheic to the mother and one or two that were more emphathetic towards the father. The rest were frustrated with both parties for being in court in the first place and not being able to resolve the issues of disputes between themsleves outside the court room.

Nadia
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Old 07-10-2010, 01:12 AM
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No, in fact, self representing has a high failure rate probably due to peoples lack of knowledge the lawyers have. I guess your ex has a lot of knowledge when it comes to FL.
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Old 07-10-2010, 01:28 AM
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No, I don't think he has a lot of knowledge about FL. He didn't even utter a word in the court room this morning before the Judge tried to explain to him that he was not accepting my affidavit because my lawyer "walked it in."

At another point, my ex was fumbling with papers, apologizing about not having the right reference, and the Judge just said, "that's ok."

He was also given more time then my lawyer during the motion, and when we past the time limit set by the Judge, the Judge encouraged him to try and wrap up, but didn't cut him off like he did with my lawyer.

At yet another point, the Judge simply accepted what my ex was saying without any evidence supporting his statement. He just said, "and you know this to be the case, sir?" "Eh, yes sir."

My ex was also permitted to bring a cross motion of his own during my motion.
I thought this was not permitted, but apparently it can be. In which case, why has my lawyer never informed me of this. I could have brought forward my own cross motions, for the several appearances I've been forced to attend as a Respondent.
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Old 07-10-2010, 01:44 AM
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Like you mentioned in another post, not all judges are the same.
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Old 07-10-2010, 07:22 AM
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He must be better looking than you.
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Old 07-10-2010, 07:28 AM
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so why isn't your lawyer saying anything?? Sounds to me like your ex is doing a better job himself then the lawyer you pay to represent you.
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Old 07-10-2010, 07:41 AM
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Quote:
Originally Posted by Nadia View Post
Given that judges are invariably biased in one way or another
...as in, without exception? In that case, OK.
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Old 07-10-2010, 08:10 AM
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this may shock you but judges are human to. I do not know of anyone who can totally shut off their feelings.
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Old 07-10-2010, 08:30 AM
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Yes. it seems like certainly in this particular case, it appears I am better served by representng myself. I think it is probably is a case of me knowing my case somewhat better then my rather young lawyer. In any case, I can't afford to retain him anylonger, so for next appearance I will represent myself. I'll let you guys know how the dynamics change in the court room.

In respect to DadtoEnd about EX being better looking. Um, maybe, except that ex is with a beard half way down his front and a turban. And the Judge was male. But point taken.
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