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Post by fixchildrensaid on Jul 18, 2007 16:31:30 GMT -5
(or for others who are knowledgeable on the subject)
If a person was to sue their ex-lawyer for a complete lack of proper representation, what would the tort be? Professional Malpractice? Negligence?
The lawyer told me he was filing a dispute of the OCL Report - he didn't.
He made me pay for the first three witnesses, despite the fact that I had a Legal Aid Certificate.
He told me he was adding affidavits to the trial record that would have countered some filed by my ex - he didn't.
He refused to call - literally - TEN witnesses that I asked for, all of whom were witnesses of my wonderful relationship with my children - coaches, teachers, etc.
I could go on with more examples, but any thoughts?
If you want more info, or to possibly talk on the phone, please email me at fixchildrensaid at gmail.com and I will give you my number.
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Post by td on Jul 18, 2007 16:48:32 GMT -5
by the sounds of things, neglegence does not identify the gross misconduct that he has commited!, i would sujest using malpractice as the defining act for the civil suit, but in your factum list all the diferent items as you have! but malpractice as a blanket claim yes,and then there s the posibility of fraud! get all your receipts, then get the print out of all the hours and expences from him AND legal aid make sure all three add up!
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Post by fixchildrensaid on Jul 18, 2007 17:30:36 GMT -5
by the sounds of things, neglegence does not identify the gross misconduct that he has commited!, i would sujest using malpractice as the defining act for the civil suit, but in your factum list all the diferent items as you have! but malpractice as a blanket claim yes,and then there s the posibility of fraud! get all your receipts, then get the print out of all the hours and expences from him AND legal aid make sure all three add up! Thanks TD.
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Post by fixchildrensaid on Jul 19, 2007 19:15:39 GMT -5
bttt
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Post by Dean Robinson on Jul 20, 2007 8:54:42 GMT -5
profesional misconduct
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Post by fixchildrensaid on Jul 20, 2007 12:14:18 GMT -5
Short and sweet. Thanks. ;D By the way, I am only an hour's drive away from you, in case you want to speak to me about representing me on a few matters. Also, as a paralegal, are you allowed to represent someone at Superior Court, using the Simplified Method, wherein one can sue for $50,000, but it is simpler, i.e. no pre-trial, disclsure, etc? Because some of the the suits - yes, I said "some", as in plural - I would like to file should be for more than the $10,000 max Small Claims Court allows.
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Post by Dean Robinson on Jul 21, 2007 21:11:57 GMT -5
I would love to but due to new bills the courts wont let me. if you have a strong case you can find lots of lawyers that will work probono. the lawyer will work his butt off if he knows hes going to make 25% of your claim.
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Post by td on Jul 21, 2007 21:26:16 GMT -5
and where do you find those? do you know of any? personally
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Post by stunned on Jul 21, 2007 21:46:02 GMT -5
It is hard to find a lawyer that will work probono anymore. Most are farmed out to work for corporations under the probono scheme.
I will say that our own past experience shows that if you call enough and like Dean said, have a strong case that is well laid out for them, you will eventually find one. They are either new, know you have a case, and do it truely because they respect there place in society and the knowledge they possess. Then there is the money if they win. ;D
If you are looking for someone to do a CAS matter in civil court probono, good luck, and pass us the name if you do. ;D
We are having trouble even getting a lawyer to take our case in family court now. Seems they are all terrified of our digital recorder and us wanting to record meetings. Have to do it secrectly again as their is not to many lawyers left in our area. I did record Legal Aid telling us that they would pay for a lawyer in Toronto and any travel expenses if no one in the area would help us. Very suspicious though that a few hours after the call a lawyer from the area called expressing an interest in taking the case. The lawyers name was not in the phone book and their office is in the same building as Legal Aid. LOL.
Keep up the good work SSG and fight on folks
Stunned
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Post by fixchildrensaid on Jul 22, 2007 19:07:43 GMT -5
Thanks, Dean.
Some of the suits that I am going to file will be in Small Claims, in case you are interested in helping out in any of those.
From what I gather, you are only allowed in Small Claims right now, and not in Superior Court?
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Post by Dean Robinson on Jul 22, 2007 19:35:49 GMT -5
correct but I love the small claims avenue I know the game better then most of the lawyers there lol. also Im in a case right now with the CAS insurance company lawyer so Im getting a feel for how they play. Im in sarnia as you know a and would like to talk to you some time deanofadt@hotmail.com
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litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on Jul 25, 2007 6:08:43 GMT -5
If you are going to attempt suits in small claims court do your research. There have been recent changes made to the Rules of the Small Claims Court. Be aware of these changes and how they may affect you and presenting your claim. In my opinion there are 3 extremely important areas to become learned in before you attempt to present a small claims case unrepresented.
1. Rules of the Small Claims Court 2. Rules of Evidence 3. Preparing a Strong written case
Preparing a strong written case allows those who are not great public speakers or do not know how to question witnesses the fall back option of relying only on the written materials.
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Post by fixchildrensaid on Jul 25, 2007 14:21:49 GMT -5
If you are going to attempt suits in small claims court do your research. There have been recent changes made to the Rules of the Small Claims Court. Be aware of these changes and how they may affect you and presenting your claim. In my opinion there are 3 extremely important areas to become learned in before you attempt to present a small claims case unrepresented. 1. Rules of the Small Claims Court 2. Rules of Evidence 3. Preparing a Strong written case Preparing a strong written case allows those who are not great public speakers or do not know how to question witnesses the fall back option of relying only on the written materials. Thanks, litigator. You wouldn't happen to have a link to find those, would you? I went the government website and the closest I found was this: www.attorneygeneral.jus.gov.on.ca/english/courts/scc/
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