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Old 01-01-2009, 10:42 AM
vstar33 vstar33 is offline
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Default Lawyer morals

Does a lawyer have to tell a client what the judge is likely to decide. My ex is on her third lawyer since 2006 and I am thinking she did not like the odds the lawyer told them and fired them...I have no idea why she fired them but I would think a lawyer must have to tell the odds.
Old 01-01-2009, 11:13 AM
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dadtotheend dadtotheend is offline
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Absolutely the lawyer's job includes counselling the client on possible outcomes and his/her chances of success.

There's ceratainly a possibility that your ex wasn't willing to listen to the lawyer's assessment of her chances for success. Another possibility is that she wasn't paying the first two lawyers.

In Michael Cochrane's book, Surviving Your Divorce - A Guide to Family Law, he discusses the flags that lawyers look for when assessing clients. He says that a good lawyer is wary of clients that come with a history of other counsel. It's an indicator that the client may be unable to accept the most probable outcome, and is shopping to have their emotional needs satisfied.

This of course can get very expensive for both sides during the time it takes for the person to accept the circumstances. Some lawyers are unaware or unscrupulous and will allow their clients emotions to let the litigation get out of hand. As a result, a lot of useless mud slinging and banter can occur that is completely contrary to settlement of the issues.

Which reminds us of something you read over and over in this forum ---> Focus on the issues and be reasonable. You're insight here may well end up saving you lots of money. I learned that lesson the hard way.

Last edited by dadtotheend; 01-01-2009 at 11:31 AM.
Old 01-01-2009, 11:43 AM
vstar33 vstar33 is offline
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My lawyer fees have gone up due to the fact we have had to supply each of these lawyers with the same info. Is it possible to claim costs involved.
What a waste! would rather be funding my kids education than my lawyers kids. It is a simple separation..No business involved..this should not take close to three years to settle.
Old 01-01-2009, 12:27 PM
selfrep selfrep is offline
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Very good question and answer. I actually, an on my third lawyer and my ex is on her fourth. Litigation is something that can go on indefinitely. I have no other alternative but to go to trial. I hired a lawyer for this sole purpose. Again they want to have meetings in order to expend my finances. These meetings are very expensive. This last lawyer looked at me and my file with that exact hesitation because of the number of lawyers involved in the case. My children's university funding has been expended many times over on the litigation. My trial comes up in another couple of months and I am really hoping to be rid of this. This trial is so unnecessary and can easily be avoided.
Old 01-01-2009, 02:59 PM
AtALoss AtALoss is offline
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I hear so many stories that begin to sound so much like my ownand my spouse's divorces. Mine has been dragging out the last 5 years, we have yet to have the divorce declared and we had the trial 14 months ago. But he insists on carring on with appeals. So I just try to get through one day at a time. Now my spouse on the other hand was granted his divorce in 1992. His Ex has had him in court at minimum 1 a year in the begining, & up to 5-6 times per year over the past 4 yrs. Bottom line is things do get out of hand quite easily. Why I want to say all of this though is to offer encouragement to all going through what we are as well.

The court systems as we all know and they know as well is that they are severly overloaded. In Ontario alone over the past 18 months they have had to dismiss 1000's of cases due to the fact that they just do not have the time to deal with them. Sad as that sounds it is resulting in better management. They have had to weed out many cases that really should not have either gone on too long or are "weak". But regardless also as a result the courts are also stream lining, cutting out some steps in the divorce process in an effort to get cases through faster. Bottom line less expense for all, you are now not having to go through as much.

It is hard when pickin a lawyer as well, and this applies to both sides in a divorce. This is based on our experiences, But I think it is time for the parties to try as hard as they can to find a lawyer that is good and is refuses to get caught up in the emotional games that can go on. My spouse has spent many of his years in court being self represented (yes in the eyes of the court you do not get the same respect but many times the issues are things that an individual can handle) What we have done is found an excellent lawyer and have used his services sporatically. Now when we really need him he came through for us with flying colours. I think the key here is to build a good relationship with your lawyer in that you can work together to figure who can handle what. Many a time he has offered us good advice to take to court to handle it with and thus saving us the expense of his time in court.

I also would like to reiterate that communication goes a long way with both those getting the divorce and with thier lawyers. Not always easy with some spouses.
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