Putting blame on lawyer

[tugofwar]

What are your takes on blaming your legal representative for making decisions that maybe now you don't think were right or what you would have done?
I know I have read her a few times that people felt pressured or not informed enough before making a decision and would like to know how do judges take this type of blame?
Ultimately, you shouldn't do ANYTHING you don't feel comfortable doing so I cant see blaming your lawyer help win you over with the judge

[logicalvelocity]

Seen it happen - but it was a criminal. The accused effectively dismissed their then legal aid lawyer during preliminary hearing. Years later, the same accused was successful in their charter infringement to dismiss the information due to delay.

[tugofwar]

These are temp orders and we are still in the process and doing the conferences. Orders were just made a few months ago.
If one was to bring up and blame their lawyer for making a decision they didn't feel right about making but did cause they were advised, how does the judge view this?

[rwm1273]

I have seen a judge insult someone for accusing their previous lawyer for poor representation, and it made no difference what the person had to say, the judge had already made up his mind, and then awarded costs for the hearing.

Best advice is not to insult a lawyer because your judge was a lawyer before, and they tend to protect their own. It is best not to insult anyone, or make strong accusations without very clear evidence. Remember the saying: For every pointed finger there are four pointing back at you.

If it is possible to imply that the action you took based on your lawyers advice was not the correct course of action, without actually saying so, then you may be able to get some sympathy.

[logicalvelocity]

Potential for procedural relief such as the lawyer removing oneself causing delay as in Moudry:

CanLII - 2005 CanLII 22220 (ON S.C.)

and Appeal:

http://www.canlii.org/en/on/onca/doc...nlii33542.html

[dinkyface]

hard to say without knowing more details..

So lawyer recommended decision A, which resulted in outcomes B,C,D. Outcome D is unacceptable to you.

Was outcome D a likely consequence (to someone fully informed) of A, or was it just a possibility created by decision A (e.g. maybe you failed to put in place some protection against your ex's actions) ?

If you had made decision B instead, would that have avoided D with certainty?

Had you discussed your concern about possible outcome D with your lawyer before making the decision?

Would it be enough to indicate in court that D is not acceptable, without laying blame on lawyer, and work forward from there?

[tugofwar]

Too complicated.
How about respondent gave temp custody to applicant. Respondents lawyer said its fine, we can change that later. Respondent put trust in lawyer and agreed.
Now respondent dismissed lawyer has gotten new representation.
Can respondent go infront of judge and say that they should have never agreed to it and only did so because of trust in lawyer and felt pressured?

[logicalvelocity]

To me by them agreeing in the first place to sole suggests the confidence they had in you as a parent regardless of what the previous lawyer advised.

They have to show that their parenting plan supersedes yours concerning your child with respect to final disposition.

Why would someone disrupt an untested regime against one that has been working out for your child especially when during the interim they failed to exercise the child's access when given opportunity...

[tugofwar]

Thank you for your response. A parenting plan that supersedes what I have had in place all this time.... alittle less worried

[logicalvelocity]

Yes, and I read some of your stuff. There's very little historical communication and co-operation concerning your child on their part.

[tugofwar]

There's very little historical communication and co-operation concerning your child on their part.

I know communication and co-operation are the major things in determining custody, but what are some other factors that also are contributing factors that come into consideration when deciding custody?

[logicalvelocity]

Bond, stability and conduct if applicable are just a few. The outlook is a present future consideration based on past information.

[ConcernenedStepMom78]

LAwyers and Judges are like Socks and Shoes, they are there for each other....Let me say when someone can walk into court and hear their lawyer laughing it up with a Judge about racing down the street woith each other earlier that morning, you know they are buddied up ...There are ways to word things...You could say for example, At the time I was confused and I didnt quite understand what my lawyer was saying, which led me to make a misinformed decision. This is an indirect blame, that points the finger back at yourself and you can ask for leniency in thta regard.

[J_Kitchener2010]

What are your takes on blaming your legal representative for making decisions that maybe now you don't think were right or what you would have done?
I know I have read her a few times that people felt pressured or not informed enough before making a decision and would like to know how do judges take this type of blame?
Ultimately, you shouldn't do ANYTHING you don't feel comfortable doing so I cant see blaming your lawyer help win you over with the judge

The other posters are right in that lawyers and judges all look out for eachother. Try finding a lawyer to sue another lawyer... almost impossible. Some say they do it, but when you call them they say they aren't interested.

A few years ago my ex was arrested again for assault (while the kids were asleep in the house). I was worried about their safety and my lawyer advised me unequivocally to withhold access until we made it into court to file an emergency motion. I expressed concerns that it would be in contempt of the current order, but he assured me it was the right thing to do. Obviously I didn’t put up much argument because I was so concerned and distraught by the recent events.

We were taken back to court for a motion of contempt and she won. Judge also awarded her costs of 13k. Ouch. I am still feeling that one. Judge said that because there was an interim order, I was most certainly in contempt and should not have taken the law into my own hands. Regardless of how much danger I thought the kids were in. That is what the courts are for, he said. Whether I believe this to be true or not is neither here nor there.

My lawyer outright admitted to the judge he advised me to do this and the judge still gave me one hell of a tirade. He then apologized to my lawyer (not to me) for postponing our case the week prior because they were so backed up. Never mind that it was on my dime that we had sat and wasted an entire day in court. <O

[tugofwar]

Kitchener, that just sucks what you went thru. I guess in most cases YOU have to decide things for yourself and not rely on the lawyers to tell you or advise you what to do.
You have to follow your heart and your own instincts. Honestly in your situation I would have probably done the same even though your lawyer SAID it was the right thing to do and you got screwed in court.