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Legal Aid or Sel rep???

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  • Legal Aid or Sel rep???

    If you had the choice would you chose:

    1) Legal Aid
    or
    2) Self Rep.

    I have heard horror stories with legal aid but self rep. has it's own problems.

    I have advised my friend to self rep. as he's smart and in control of emotions. He qualifies for legal aid (he's on disability).

    Did I steer him wrong?

  • #2
    I dont think you steered him wrong. If he is on disability then he has the time and i think that is one of the major obstacles with self rep. He can focus on his case instead of being one of many that the lawyer may have.

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    • #3
      With self rep, does one present case law, as would a lawyer?

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      • #4
        From experience, if the other party self represented, I would self represent but if other party legally represented, I would get legal aid.

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        • #5
          I had an awful experience with legal aid. I ended up firing that lawyer and luckily had family help me with a retainer for a paid lawyer. Best decision I ever made!

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          • #6
            Since he has the time, he is able to do some research. He can use Canlii for free to look up case law on situations such as his own. He can also familiarize himself with the Divorce Act and Family Law Act which can help with him with his case. If he does his homework he will have no problem representing himself. I wish him all the luck.

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            • #7
              Originally posted by michlyn View Post
              Since he has the time, he is able to do some research. He can use Canlii for free to look up case law on situations such as his own. He can also familiarize himself with the Divorce Act and Family Law Act which can help with him with his case. If he does his homework he will have no problem representing himself. I wish him all the luck.
              Base on your post it sound like it peace of cake and everybody can do it. It may give people wrong impression.

              It's not peace of cake. I went through 17 days trial on which I have some success but if I have choice and monies I would have lawyer - good one. I am not sure how I would use him thou (I meant probably asking his advice, knowledge law and language skills but still being one who in charge...)

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              • #8
                Originally posted by WorkingDAD View Post
                Base on your post it sound like it peace of cake and everybody can do it. It may give people wrong impression.

                It's not peace of cake. I went through 17 days trial on which I have some success but if I have choice and monies I would have lawyer - good one. I am not sure how I would use him thou (I meant probably asking his advice, knowledge law and language skills but still being one who in charge...)
                I would think it's dependent on the issue at hand. If you're going to court to battle out all the details of a divorce, then that can be time extensive and complicated. If it's something more straight forward, such as CS and S7 expenses for straight forward incomes, then you're not going to spend 17 days in court; the CMGs already lay out the groundwork for it.

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                • #9
                  Originally posted by Teenwolf View Post
                  I would think it's dependent on the issue at hand. If you're going to court to battle out all the details of a divorce, then that can be time extensive and complicated. If it's something more straight forward, such as CS and S7 expenses for straight forward incomes, then you're not going to spend 17 days in court; the CMGs already lay out the groundwork for it.
                  it's definitively true my understanding straight forward issues do not have to be in court anyway - but in Family Court you can make any issue complicated and time extensive

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                  • #10
                    Maybe your friend should try legal aid and if he's not happy with the services provided he can stop dealing with them and self-rep. Not sure if this would complicate the matter at hand however. Legal aid lawyers at least know procedures. I was told by my lawyer (not legal aid) that Judges tend to frown on self-rep because it often results in delays because as laymen we don't have the training and knowledge of legal procedures. I felt that my case was too complicated to self-rep and had I qualified for legal aid I would gone that route. I'm one of many who does not meet legal aid criteria but does not have the income to pay a lawyer. I am in serious debt because of this last round and given my X's approach and high income I'm sure I'll see my self in procedings again. I can say that if this happens I will self-rep and simply seek procedural advice from duty counsel at the courthouse.

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                    • #11
                      Originally posted by WorkingDAD View Post
                      it's definitively true my understanding straight forward issues do not have to be in court anyway...
                      Depends on whether or not you're dealing with a bonehead. My GF had to take her ex to court because he felt that WCB wasn't deemed income for CS purposes. She showed him legislation indicating the contrary and he wouldn't accept it. No matter what, in his eyes, he had no income and refused to pay CS/S7. They went to court and the judge ruled against him; it wasn't complicated. The only snag was figuring out his actual income because his financial disclosure was incomplete.

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