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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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  #11  
Old 02-20-2021, 07:51 PM
Brampton33 Brampton33 is offline
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Originally Posted by Kkc View Post

I guess can someone explain to me the optics of going through lawyers like underwear?

I don't know if she canned them or they canned her, but like I said, she is very unreasonable.

I am still on my first.
There are many reasons why people may change lawyers. I had 2 lawyers throughout my case. The first lawyer was high priced in a large Toronto firm. I foolishly hired her thinking if I paid top dollar, she would be highly effective in resolving the case immediately, without need for a drawn out litigation involving many court appearances and/or litigation. I was wrong, very wrong. Rather she was expensive, ineffective, and wasteful of the retainer, clearly racking up billable hours for her firm. After I caught on, I let her go very diplomatically saying I could not afford to continue with her services. I switched to a more cost-effective lawyer after recognizing I was in for a long haul.

Now if my ex were to suggest that I am high-conflict because I switched lawyers, I would easily refute that as a baseless claim. I switched because of finances. A lawyer can move across the country, or have personal issues where they need to lighten their load. There are a multitude of reasons why people switch lawyers, it does not necessarily mean they are butting heads with their previous lawyers.

However, and most importantly, if a litigant has to resort to pointing to the # of lawyers as an argument to make in a case, they are grasping at straws and should be looking for better and more relevant arguments to present to a judge.
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  #12  
Old 02-24-2021, 10:58 AM
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Tayken Tayken is offline
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However, and most importantly, if a litigant has to resort to pointing to the # of lawyers as an argument to make in a case, they are grasping at straws and should be looking for better and more relevant arguments to present to a judge.
We are not talking about a file that has had 2 lawyers over the course of its history. As an example, a file that has been on for 5 years with 4 lawyers.
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  #13  
Old 02-24-2021, 12:45 PM
Brampton33 Brampton33 is offline
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We are not talking about a file that has had 2 lawyers over the course of its history. As an example, a file that has been on for 5 years with 4 lawyers.
Regardless, using that as an argument to articulate to a judge in a court battle for custody and/or access is pretty lame.
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  #14  
Old 02-24-2021, 01:18 PM
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Regardless, using that as an argument to articulate to a judge in a court battle for custody and/or access is pretty lame.
You don't even need to use the argument as a judge has the continuing record on their desk and will see it themselves.

Not really awful concept as the Law Society and various Judicial training sessions have had William Eddy present on this very topic. Covered in detail in various training and books.

"High Conflict People in Legal Disputes"

Its a well understood common pattern of behaviour in the legal community. Lawyer shopping is one of the patterns of behaviours that high conflict people in legal disputes often do. Like it or not its "common knowledge".

I suspect you are opposing this common knowledge because you are assuming that it is an "absolute" pointer to a "win" for the argument. It is not. Its just one of the patterns of behaviour that judges (and lawyers) are aware of. Its also not an "argument" you make. Its something that is obvious and one of those unspoken things.

Most lawyers that are any good won't take on clients that have had 3+ pervious lawyers on their family law file. It is the tell tail sign of a problem client.

Crafty and good lawyers identify it in arguments like this:

"Your Hounour. My apologies as my friend, The_lawyer_name, is the 5th lawyer on this file representing the_opposing_party and may not be as familiar with the issue we are currently canvasing a solution for and have been for the past three years. Might I recommend a short recess so I can provide my friend my copy of the continuing record so he may review the particular tab we are discussing."

etc...
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Old 03-15-2021, 08:22 PM
dealingWithEvil dealingWithEvil is offline
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There are a lot of lawyers that need to be dismissed. I have seen examples of:

1) Not replying to emails, mumbling in court, getting confused = fired.
2) make all sort of promises but simply are in over their head and dying to get out = fired.
3) Screw up big time on an easy item and can't admit they did and don't follow direction = fired.
4) Not knowing the rules of the region = fired.
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  #16  
Old 03-15-2021, 08:25 PM
dealingWithEvil dealingWithEvil is offline
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Originally Posted by Tayken View Post
Crafty and good lawyers identify it in arguments like this:

"Your Hounour. My apologies as my friend, The_lawyer_name, is the 5th lawyer on this file representing the_opposing_party and may not be as familiar with the issue we are currently canvasing a solution for and have been for the past three years. Might I recommend a short recess so I can provide my friend my copy of the continuing record so he may review the particular tab we are discussing."

etc...
I heard a lawyer do this once....basically they shot themselves in the foot when they did it. They came off looking very bad.
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