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  • With this Forum, are lawyers really necessary?

    Since I joined this forum, I have gained so much knowledge and learned so much, from the personal experiences of many others on issues regarding divorce processes, custody battles, support payment calculations etc.. I have sought about advice, posted questions, and I think I’ve got most of my questions answered. In particular, we have seen posts from members such as Mess, HammerDad, DadTotheEnd, Billm, NBDad, Dinkyface, etc., who have all posted many very detailed replies and offered invaluable suggestions.

    So I wonder do we really need to see any lawyers. I mean certain mediocre guys lacking the family law practice may not even offer any sound advice compared to the replies posted here on this site. I know they are trained to be lawyers, but with each of our members on this site, with all of our knowledge and experience – yes, I mean the personal experience that we have been through our marriage/relationship, the trips to the lawyers’ offices and the court systems, I really doubt that we can get any further help beyond what we may already collectively know. Especially considering their high fees, and often conflicting suggestions from different counsels, are lawyers really necessary?

  • #2
    I agree with you completely. I think you can get as good of results representing yourself with the help of members on this forum as with any lawyer.

    Comment


    • #3
      Staysingle:

      Maybe there should be some kind of advocacy group of people who know how to self-represent and receive some financial compensation for helping others....cheaper than legal fees. Self-serve with an ombudsman.

      Aside from legal aid...does something like that exist?

      Comment


      • #4
        Pursuinghappiness,

        Outside of legal aid and FLIC, people are on their own with family law. I am so disgusted with the legal system , particularly the lawyers and judges and the profound negative consequences on families.

        The Law Society of Upper Canada, the body that colludes with these legal bandits, has even barred paralegals from steeping into the lucrative field of family law. So I guess from the Attorney General wisdom, its OK for people to self rep but not ok for qualified paralegals ( about a $100.00 per hour compared to $ 250 - $700 per hour for a lawyer) to help people.

        What I wish to do, is form a website/group to help all people with filing their paperwork with the courts for no charge. If I can save one person from spending one dollar with a lawyer my life was a success lol.

        Comment


        • #5
          Need lawyers? Sometimes

          Originally posted by staysingle View Post
          Pursuinghappiness,

          Outside of legal aid and FLIC, people are on their own with family law. I am so disgusted with the legal system , particularly the lawyers and judges and the profound negative consequences on families.

          The Law Society of Upper Canada, the body that colludes with these legal bandits, has even barred paralegals from steeping into the lucrative field of family law. So I guess from the Attorney General wisdom, its OK for people to self rep but not ok for qualified paralegals ( about a $100.00 per hour compared to $ 250 - $700 per hour for a lawyer) to help people.

          What I wish to do, is form a website/group to help all people with filing their paperwork with the courts for no charge. If I can save one person from spending one dollar with a lawyer my life was a success lol.

          As much as I agree with you in that I can't stand the sound of many family lawyers sucking families dry like vampires of all their money and their sanity during a divorce. Unfortunately, I believe, at times good, ethical, compassionate, fair-minded, smart, cunning and affordable lawers are needed in order to protect yourself from the vampires.

          The vampire lawyers are specifically the "scorched earth policy, take no prisoners" type lawyers can do so much damage to families and manipulate the legal system, courts and judges it would make your head spin There should be some sort of public outcry to disbar these lawyers forever. Unfortunately, unsuspecting, divorcing couples seeking an amicable, fair split with everyone's faculties intact, (a reasonable, and mature goal) may have no idea of the ride they will be taken on through the court system when one side has one of these type of lawyers.

          The legal work definately isn't just a matter of properly filing papers in court, which any well-informed self-rep can do, but they also must have the ability to manipulate, re-interpret ambiguous rules of procedure in their favour, manipulate evidenciary rules, and generally spin to judges their case in order to get a fair outcome as the vampire lawyers will in fact do by outright lying and manipulation.

          As long as we have a totally adversarial judiciary system, there will always be these bottom-feeder type lawyers who will bleed the system and anyone in their path, and especially the struggling families trying to move on with their lives post divorce and take care of their kids.

          We need protection from these scary lawyers and judges, and how do we get it? Inform, Reform and Conform (ourselves to a fair, justice and efficient legal system that works). Thank you for reading my speech. Now I will get off my soapbox and go wash the dishes and take my kids to their activities.

          Comment


          • #6
            swimmingwithsharks'

            The family law system is working just fine. Many people don't understand the system is designed to fleece you and your family of all your wealth.
            Family law is not complicated ( at first it is and so is figuring out your new camera at first).

            The ethical family lawyers are mostly found doing legal aid or pro bono. With a little guidance the vast majority of people can get optimal results self representing. I believe this to be fact.

            Effectively filling your documents out well is central to family law. You can strategize how you are going to present till your blue in the face, it mostly come down to a capricious judge.

            Lastly, most of any success in family law is determined by what you did prior to starting court proceedings.

            Comment


            • #7
              Some people have come here and changed their mind about something in which they were being unreasonable.

              Perhaps in a more direct way this site can allow people to avoid lawyers not in the court room, but outside.

              If one is open and honest and lucky enough that BOTH parties can join this site, any issues they have can possible be resolved here with one or both of them getting a free reality check.

              It does not work for all, as there are some that refuse to listen, but the best thing would be for all here to convince their former better half to join. In that way a fair agreement can be reached, or at least some of it.

              No one needs lawyers if they know what will happen when they both get one and spend thousands fighting it out - they will settle and be happy they got what most here would consider fair, or at least common.

              Comment


              • #8
                Great post billm !!!

                Comment


                • #9
                  Iceberg,
                  You think family law is a legitinate body perhaps not unlike medicine or engineering.
                  Its not legitimate. It can at first glance appear overwelming. This is due to unfamiliarty.

                  A persons largest handicap, (and this is routinely exploited by family law lawyers) is the emotional intensity that occurs from a relational breakdown.

                  With guidance from people on this forum, dave your hard earned money and go represent yourself. It is very doable!

                  Comment


                  • #10
                    Originally posted by staysingle View Post
                    Great post billm !!!
                    I'll second that

                    Cheers!

                    Gary

                    Comment


                    • #11
                      As always I find staysingle's opinions and viewpoints incredibly valuable and insightful. Sure, he disagrees with me but, there are points we agree on.

                      Originally posted by staysingle View Post
                      Outside of legal aid and FLIC, people are on their own with family law. I am so disgusted with the legal system , particularly the lawyers and judges and the profound negative consequences on families.
                      I think the "profound negative consequences on families" is an excellent observation. The impact on the family is tremendous. The disgusting legal system has very little concern for families. I think though one of the problems is that the definition of family is hard to "define". Hence the reason this whole mess exists.

                      As for Legal Aid and FLIC. They are organizations run by the Law Society. They are great examples of why the system is the way it is. I have to lablel them all as "bad" but, as a system of support they are not doing families any benefits.

                      They lack "family services" that are truly helpful. Everything directs their clients to litigation. LOA Settlement Conferences are not a good enough answer.

                      I am starting to lean towards a more collaborative approach to family seperation. Not that I want solicitors to run it though. Who? I have no concrete recommendations on how it could be done.

                      Originally posted by staysingle View Post
                      The Law Society of Upper Canada, the body that colludes with these legal bandits, has even barred paralegals from steeping into the lucrative field of family law. So I guess from the Attorney General wisdom, its OK for people to self rep but not ok for qualified paralegals ( about a $100.00 per hour compared to $ 250 - $700 per hour for a lawyer) to help people.
                      It is a shame that paralegals cannot represent in Family Law matters. I agree with your statements here. The Law Society needs better governance over the conduct of solicitors. What they have place is a joke and the review board is run by... Solicitors. Not a really great governance process in my opinion.

                      Originally posted by staysingle View Post
                      What I wish to do, is form a website/group to help all people with filing their paperwork with the courts for no charge. If I can save one person from spending one dollar with a lawyer my life was a success lol.
                      It is a great idea. But, the problem in my opinion is the complexity of the whole process. I am torn between what you are recommending and improving the system to be family and citizen friendly (not solicitor friendly) whereby no lawyers are needed. How to do this? Well, again, I have no solid concrete answers. Just opinions.

                      Look at how they have tried to "simplify" the process as a whole. The Form 35.1 is a nightmare. It just gives litigants two places to make wild statements and claims against the other party. It was meant to direct parents to "think" about their children's needs but, it just gets filled with irrelivant he-said she-said junk. Or litigants don't even bother to really fill it out.

                      Good Luck!
                      Tayken

                      Comment


                      • #12
                        Tayken,
                        Perhaps we can team up and help folks submit their forms properly. What I am suggesting is not a solution whatsoever though, I am only trying to reduce suffering in the short term.

                        I think Michael Cochranes idea of a "family relations tribunal" is the best theoretical model put forward. Read this link and let me know what you think. The Flaw in Family Law | The Mark.

                        I am convinced this system needs dismantling and that as long as lawyers and judges are involved it will only get worse.

                        A State funded 3 person "family relations tribunal" ( Say an accountant psychologist and lawyer )combined with rebuttable equal shared parenting legislation would be rational and pro family.

                        Comment


                        • #13
                          There is a lawyer's premier I read somewhere that goes like this:

                          If you don't have the law, you argue the facts; If you don't have the facts, you argue the law; If you don't have either the facts or the law, you argue the constitution.

                          I have been preparing for a legal battle for shared custody. I am not there yet but right now I'm seriously considering self-representing myself.

                          I have met up with two lawyers for initial consultations. They have said pretty much the same as what I had already known, with the laws and rules that I learned from this site.

                          The way I see this is, lawyers are trained to be lawyers, they have the knowledge and know the rules, know how the court system operates. But on the other hand, we are the leading-role actor, the story is about US, no one knows better our personal stories than ourselves. We have the ingredients - the facts, as long as we know how to package and present the case, we will have a better chance.

                          So get the facts organized, do the research, read the law, make a few trips to the courthouse to see the settings. I'm hoping that the system will treat us fairly.

                          Comment


                          • #14
                            And check into this forum often! Getting different opinions based on experience is paramount for success.

                            I would caution you about seeking fairness in family court. Family court is war ! and I gained more insight and advantage reading Sun Tzu the " Art of War" than gained reading canLII.

                            Good for you taking this on yourself.

                            Comment


                            • #15
                              Originally posted by billm View Post
                              If one is open and honest and lucky enough that BOTH parties can join this site, any issues they have can possible be resolved here with one or both of them getting a free reality check.

                              That would be AWESOME.
                              I know one ex in particular that sure could use a reality check.
                              Someone invite her... her email is...lol...oh, nvm.
                              Can't change the mindset of a rock.
                              It just wants to sit there all day regardless of what you say.
                              Stupid rock.

                              Comment

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