Author Topic: Seeking Divorce Lawyer Referral in Ottawa  (Read 14543 times)

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Offline Pusser

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Re: Seeking Divorce Lawyer Referral in Ottawa
« Reply #25 on: May 15, 2015, 05:53:38 »
Pusser...respectfully what does an accounting officer know about family law (even the JAG aren't allowed to advise on such matters), your analogy of plumbing, gardening etc isn't the same with family law.

I know very little of family law and have never claimed to know anything more than can be gleaned from Wikipedia.  I actually know a fair bit about plumbing, but can't seem to make it work.  I hate gardening, so I don't do that at all.

However, as an accounting officer running a pay office, I see the results of "discussions" of family law all the time.  Every time I went to execute a court order, I inevitably heard a detailed explanation from the service member of how he was being screwed over and how he should have to pay, etc. (by the way, an accounting officer has no choice when executing a court order - the only thing I could ever do is refer it to AJAG if I saw something wrong with it - the mechanics of the order (e.g. spelling mistake, wrong address, etc), not the order itself).  In my experience, many of these situations were cases where a service member had failed to get a lawyer, but their spouse had not made the same mistake. 

All I am saying is that based on my experience and observations, engaging a lawyer is money well spent.
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Offline opcougar

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Re: Seeking Divorce Lawyer Referral in Ottawa
« Reply #26 on: May 15, 2015, 08:57:45 »
Words in Bold....

1. I wouldn't retain a civil litigation lawyer to represent me in family court, and like you said it's been a while since you practised in your area

2. No kidding, but again getting advice from a lawyer and retaining one are 2 completely different things. I unlike most that have jumped in here, at least know something about family law based on what I have provided (links and materials), instead of just saying..."get a lawyer". Now this is pure and unadulterated BS for a person that can't afford a lawyer.

3. Glad you don't claim to know me or how my never got to trial case went, but I have stated above how I handled my matter and came out OK.

Note: Fathers/mothers that haven't always been involved, and that will rather go drinking/hunting/etc with their buddies, don't deserve to have 50-50 when a relationship breaks down, so yes you will pay full table CS on top of any entitled SS

I've followed this thread for a while and have tried to stay out of it but unfortunately I'm allowing myself to be sucked into it.

Just to provide full disclosure: before I retired, I practised law, primarily civil litigation, with a fair percentage of family law as well, for twenty years.

Opcougar. Your opening premise in this thread was:

To put it succinctly; that is pure  :bullshit:.

Family law goes far beyond filling out a few forms and reading a few articles on the web. The fact of the matter is that there are tens of thousands of family law cases on CANLII, hundreds of federal and provincial statutes that deal with family law and related matters and thousands of articles on the topic (some written by very brilliant people; some written by complete morons). To expect someone who has never practised law to be able to find the few nuggets that apply to their case amongst that plethora of material is akin to the proverbial hunt to find the needle in the haystack. Do you really want to encourage people to go on that hunt knowing that not finding the needle can end up having them lose their kids, their house or their bank accounts?

Here's the thing. Most people, if they're lucky, are never divorced--or maybe just once. They can't possibly ever get sufficient experience to represent themselves well; even if they are able to "read, write and back up statements with facts." It's a bit like going into battle and all the guys in your platoon learned their military skills by playing video games and watching war movies.

Look folks. Not every family law case is a $50,000 affair. I used to do uncontested divorces for $500.00-$750.00. Those were cases where the couple worked out the key details. For my fee, I drafted the documents, advised them of the relevant law regarding children, child support, pension and asset splitting and all those things where the law makes very specific provisions as to what should happen, obtained appropriate disclosure of pension valuations and income disclosure for setting guideline support, and finally marshalled the case through court in order to obtain the appropriate decrees. The price has probably gone up a bit since I left practice but most lawyers still handle uncontested divorces for a reasonable sum.

The cost of a divorce goes up dramatically when the couple can't agree to settle things. All too often in a divorce, at least one party hates the other's guts and will do anything to hurt him/her. This is frequently seen when one of the parties refuses to retain a lawyer or to listen to their lawyer's advice. At the beginning of those cases it's about the "principle and not the money". Let me tell you that at the end of the case it's "always about the money".

I know that there are lawyers of varying abilities and frequently (but not always) the better lawyers are the more expensive. The trick is finding one that you trust to look after your interest (which includes saving you costs).

Opcougar. I don't know your background or how your case really went in court but from the nature of your repetitive posts I take away the impression that this topic has become somewhat of a crusade for you. You've made your point several times over; stop pushing and let the OP make their own decision.

 :cheers:

Online FJAG

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Re: Seeking Divorce Lawyer Referral in Ottawa
« Reply #27 on: May 15, 2015, 10:58:33 »
Last lawyer I hired was subsequently disbarred.  Not that you'd know it from his communications; in a letter dated the day before he was disbarred, he announced that he was "retiring" and that another law firm was taking on his files.

That said, for anything complex I'd find an appropriate lawyer.  And for anything I decided was simple enough to handle myself, I'd find an appropriate lawyer to review and make sure that I wasn't being more stupid than usual...

 :nod: You're right on both counts.

I sat as a bencher for eight years on my provincial law society and for seven of those was involved in the lawyer disciplining process. Unfortunately being smart enough to pass law school does not mean that you are instantly a good or competent person. That's why lawyers have insurance policies, reimbursement funds and discipline processes.

Most law societies have their discipline cases decisions published on a public website although sometimes they are not easy to find. For example for Ontario you need to drill down through several pages to get there: https://lawsocietytribunal.ca/Pages/Orders.aspx#41. If you wish you can search your lawyers name to see if he/she has a discipline history with the law society.

As to your last statement all I can add is that very rarely does a lawyer represent himself in a case, whether marital, civil, criminal or disciplinary. Almost always they hire another lawyer to represent them. With twenty years experience in front of the courts I would never represent myself (well maybe a small claim but definitely never a divorce). Nor for that matter would I give anyone legal advice at this time; not just because I'm a non-practising member and not be allowed to give advice but because I know that the law has changed a lot since I last practised actively and that I would now be much more prone to make a costly mistake. Its not that you or I are "stupid" but to paraphrase Rumsfeld's unknown unknowns -- there are important, relevant facts, procedures and information that we don't know about and that, more importantly, we don't even know that they exist so that we can search them out to consider them.

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Offline Occam

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Re: Seeking Divorce Lawyer Referral in Ottawa
« Reply #28 on: May 15, 2015, 13:02:09 »
An option that's been overlooked so far is something relatively new; collaborative divorce.  It can save a lot of money vs. the adversarial route in the courts.  Check it out; there are lawyers in the Ottawa area who practice this style of divorce.

http://www.oclf.ca

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Re: Seeking Divorce Lawyer Referral in Ottawa
« Reply #29 on: May 15, 2015, 18:00:44 »
Not sure if your employer offers this, but in case they do:
http://www.sykesassistance.com/services/employee-legal-assistance
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Offline opcougar

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Re: Seeking Divorce Lawyer Referral in Ottawa
« Reply #30 on: May 27, 2015, 11:55:08 »
@OP....only you know your financial situation better, and this will be the conduit as to if you self represent yourself following easy to read guidelines / using case precedents to back your stance. There is RETAINING a Lawyer, and there is SEEKING ADVICE.....not worth getting into debt over if finances doesn't permit, and you shouldn't think giving into the other party's request is your only choice.

Good luck