AMA

>>18150999
can you tell stories of some most crazy cases you followed?
Also, checked

>>18150999
How often do you have to call bs on your clients?

>>18151009
>can you tell stories of some most crazy cases you followed?
>Also, checked
Noice! I got Trips!

I do mostly family law these days in Ontario, including a lot of work for the Office of the Children's Lawyer so I represent children in court. By "children" it's usually minors from 9-14, and if the parents are fighting over kids of this age you can bet that the kids think that both parents are retarded.

I've got some cases with aborignal children, I'm representing a dude against the child welfare authorities who has a shit ton of tattoos so they think he's a criminal, and the usual crack heads who say that they'd do anything for their kids other than give up crack.

>>18151015
>How often do you have to call bs on your clients?
I keep my clients on a short leash. If they were reported by the police to have been passed out on their lawn drunk, or caught with a half pound of heroin, I tell them that even if they have "an excuse" the judge doesn't want to hear it. It's way better to admit your faults and be visible to be addressing them than to just deny.

I tell all my adult clients that if there's evidence against them, to not deny it. Instead throw yourself into rehabilitation of whatever sort, the court loves a reformed sinner.

This counts for custody/access court too.

>>18150999
how many lawyers do you think browse 4chan?
Could you ever mention this site in conversation with your collegues or would it be frowned upon for whatever reason?

>>18151022
>how many lawyers do you think browse 4chan?
>Could you ever mention this site in conversation with your collegues or would it be frowned upon for whatever reason?
I've seen some lawyers here, but more law students or pre-law students.
I have mentioned 4chan often in my work. It's a great site to keep one's thumb on the pulse of today's youth. I also lurk reddit and tumblr, I'm not going to apologize for it. I have mentioned the "tumblr effect" in court if I believe that a child in early teens is claiming abuse or neglect without evidence.

>>18151034
>"tumblr effect"
what?

>>18151040
In my view, tumblr is an echo chamber for kids who have the view that being oppressed, molested, or assaulted can gain status by that.

I'm not saying that kids are all lying. But some kids lie. When a child in their early teens is "cutting", I try to figure out if they are doing so for legitimate psychological reasons or whether they are trying to fit in online.

>>18151034
you are full of shit and confirmed to be a roleplayer

>your honor, it's the....tumblr effect
>[tips fedora while everyone gasps]

>>18151067
>you are full of shit and confirmed to be a roleplayer
Fuck you. I have said this in court to explain why my client who is a 12 year old girl, says she was raped at school on a day when she wasn't even there.

>>18151074
shouldn't you take the side of your client or something?

>>18150999
Wife is originally from Indonesia, but we currently live in the US. We have two children and everything is fine. That said, if we ever broke up I am worried she could just take the kids and vanish back to her home country. What can/could I do legally to prevent this?

>>18151074
"Wasnt there" or was there evidence she was at Tim Horton's or Publix at 4pm, the time she was being "assaulted"

>>18151078
>shouldn't you take the side of your client or something?
I am trying to take the side of my child client. But I have a duty to the court as well to not support my client's evidence when objective reports show that my client's position is untenable.

>>18151067
Civil/Bankruptcy shithead from California here, you definitely need to see what kids are like if you are going to be representing kids. It's the same as how I need to know how people try to cheat the US Bankruptcy system, if I am to prevent myself from sitting next to one of these people in court.

You need to understand your consumer base if you have a real career. McDonalds fry cooks don't need to put any of this effort in, but franchise holders do.

>>18151081
>Wife is originally from Indonesia, but we currently live in the US. We have two children and everything is fine. That said, if we ever broke up I am worried she could just take the kids and vanish back to her home country. What can/could I do legally to prevent this?
What is the children's citizenship? If they have dual with Indonesia then mom could easily get them there. If they don't have dual citizenship then if/when you separate, get a lawyer right away (in fact, if you think that a separation is imminent then you should have a lawyer on retainer to act quickly in the event of an emergency).

It doesn't take much to put children on a no-fly list with border personnel, but don't do so without a good reason.

>>18151089
Thanks. The children are American citizens so no dual citizenship. A break-up is not imminent or expected, she just has mentioned in the past that if we were to break up she'd want to go home. I wouldn't think she'd take my kids, but I don't truly trust anyone.

>>18151091
>>18151089
Also, how do I find a good lawyer that I could have on retainer if this did happen? How much should I expect it to cost?

>>18151083
>"Wasnt there" or was there evidence she was at Tim Horton's or Publix at 4pm, the time she was being "assaulted"
I'm not debating the specifics with you. I work for my clients, and if a child claims to have been abused I do some background checking first to see if the evidence will hold up under cross examination if it goes to trial. That's my job for my client.

And yes, there have been times when my child clients have lied about being assaulted or molested. It does happen. If my client isn't credible in their facts, I talk to the social workers or therapists involved with the child to figure out whether the child is confused about events and dates, or perhaps making it up for other reasons. It does the child no good to be dragged into court to testify on a criminal matter by the Crown Attorney when I know that they'll be torn apart on cross examination, when they made a false complaint. That's rare but it does happen.

>>18151087
>Civil/Bankruptcy shithead from California here
Counsel?

>>18151091
>The children are American citizens so no dual citizenship.
Ask around to family and close friends who they'd recommend. Then start funnelling a bit of money regularly in cash into the lawyer's trust account. Then when the shit hits the fan you already have a warchest which is off the books, since your retainer and amount of retainer is privileged. And you have a lawyer who knows you and what's going on ready to act on a moment's notice.

Line up the help you need before you're in an emergency, that's always good general advice.

Having said that, you can't be expected to keep a pile of money with your lawyer for years on end. Coffee can buried in the backyard?

I'm in Ontario, so I can't speak for the reporting requirements of US lawyers for their trust accounts. You're smart to be trying to prepare for the worst, anon.

>>18151093
>Also, how do I find a good lawyer that I could have on retainer if this did happen? How much should I expect it to cost?
In Canada and in the US, lawyers are free to charge whatever they think that the market will bear. I know great lawyers who have been in practise for only a few years who are scraping by and charging $100 per hour just to get clients, and I know blowhards who have been around for 30 years and charge $500 per hour whom I wouldn't retain to defend my dog.

Do some research, meet lawyers in person and see which you get a good feel from. And online ratings for lawyers are totally unreliable, by the way.

Going to college next year. Do you recommend studying Law? How is it? Hard, boring, fun? It's either that or Business or Economics or something like that. Honestly it seems more interesting than Law, but I'm too dumb for Maths while being very good at History and foreign languages and writing-related stuff in general.

Also how's life as a lawyer? Do you work as hard as people think you do?

>>18151120
>Going to college next year. Do you recommend studying Law? How is it? Hard, boring, fun? It's either that or Business or Economics or something like that. Honestly it seems more interesting than Law, but I'm too dumb for Maths while being very good at History and foreign languages and writing-related stuff in general.
>Also how's life as a lawyer? Do you work as hard as people think you do?
In post secondary, study something that you like and you think you'll do well in. If you already know that you want to go to law school then do pre-law. If you're not sure, then don't do it.

In Canada, you only need a bachelor's (generally) to apply to law school. It doesn't matter what the focus is. What matters is your grades and your LSAT score.

So, if you're seriously on track to being a lawyer as a goal then plan that shit out. If you think you might like it, then study what you like and what you're good at, and when you're done then you can apply for law school if you want to.

But don't take my word for it. Seriously, I don't know the steps to becoming a lawyer wherever you are. Get thee to a guidance counsellor!

>>18151120
You need to be able to handle massive amounts of reading. Also if it's US look up your state; each state has its own process for getting and keeping a license.

You're probably the only person I'll ever say this to, but consider moving to California. Demand is huge and it's not going down any time soon for any reason other than permanent economic misery. Volunteer to sort papers for someone in exchange for mentoring you to pass the bar.

>>18151120
>Also how's life as a lawyer? Do you work as hard as people think you do?
I dont work all that "hard". I try to work "smart". I have to spend a fair bit of time on upgrading and training, and staying on top of the developments in my area. Not tons, but enough to make it not a 9-5 gig.

Family law requires a strong stomach, a thick skin, and a fire in the belly. If you think you have the stones for it, then it might be very fulfilling for you and then the money doesn't matter.

I could be earning way more than I do now, but I'm not interested in helping people fight over the couch or the dog. I'd rather be duking it out in the trenches on custody/access/support issues than dividing the pension. Arguments that are solely about money bore me.

>>18151131
One last thing from same poster:
If you relocate for the purpose of being a lawyer, then it is not unheard of (and quite valuable) to be certified in multiple states. It certainly isn't easy though.

>be me
>30 year old Ontario man (white national)
>me and wife are good but you never know..
>lets say we are getting a divorce.
>i work...she doesnt. Infact she never has since shes been with me on 5 years.
>we have two kids.

Essentially what would happen...i know im getting the shaft no matter what (im male).

What would the damage look like? Go into detail.

Any advice for me to lessen the damage?

>>18151131
>Volunteer to sort papers for someone in exchange for mentoring you to pass the bar.
US based anon speaks truth, I assume. I'm in Canada. Unless you're a leaf, don't assume that I know what I'm talking about regarding post secondary education and law school in Burgerland.

But I will say that LSATs are important wherever you are. Practise those buggers under time control, get comfortable with the, do logic puzzles to help you in that section, and bone up before you write. Right?

>>18151138
>Essentially what would happen...i know im getting the shaft no matter what (im male).
>What would the damage look like? Go into detail.
>Any advice for me to lessen the damage?
Getting the shaft on what?
If you are the sole income earner for the household, and the mother takes the kids, then you're in trouble.
And what the hell is a "white national"?
Go to mysupportcalculator.ca and play with it's programs for child and spousal support. It'll give you an idea of what you're facing. It won't be pretty, but the more you know....

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>>18150999
Self bump. Plus, I like this graphic.

>>18151141
>US based anon speaks truth, I assume. I'm in Canada.

As best I understand, the most prominent difference between US and Canadian law is that US has a massive amount of variance. Just putting this out for the benefit of lurkers.

PSA: if you're going to ask a legal question on a message board then just type your location and your crime into google. Don't be scared; people type far worse shit into searches every millisecond.

>>18151179
>the most prominent difference between US and Canadian law is that US has a massive amount of variance.
I can bump that. US has elected judges at various levels on different issues. Don't take anything I say as applicable anywhere in particular.

i'll bite. Canadian here

my mother passed away and left a will. in her will it states that all her possessions will go to my step father blah blah, and that her possessions will be distributed according to her wishes during her life time. well her wish was for me to get 50% of the house she owned with my step father. now my step father is a royal dink and says no the house is 100% his and i won't get anything. his name was also on the land title deed and mortgage. well the house is free and clue due to my mother's passing as she had insurance.

the question is: if i wanted to challenge the will would i have a case for 50% of the house (i don't want anything else as it was their life) granted that in her will it states "i wish for my possessions to be distributed according to my wishes during my life time" or something along those lines and everyone in my family was there when she said she wrote a will and that Anon gets 50% in the event that I die. (She had been diagnosed with cancer at the time)

US Lawyer here, what Canada like on rewarding spousal support?

>>18151204
>the question is: if i wanted to challenge the will would i have a case for 50% of the house
This is an excellent question, Anon. Having said that, I don't do a lot of estate law.

I suspect that this will depend on who is on title to the property and how. When a spouse dies, and they are legally married, and they are jointly on title to the matrimonial home, then that creates rights for the surviving spouse independent of the will of the deceased.

You really need to get the paperwork together and go see an estate lawyer for a consult. Find one who will see you for free to get started.

>>18151217
i figured as much. do you happen to know how long i have to challenge the will? i don't really want to open up a can of worms. my step father did say that when he died everything would go to me but you know how things change when you've been single and alone for a year or two. he could just shack up with a 20 year old and become common law and i'd be fucked

>>18151209
>US Lawyer here, what Canada like on rewarding spousal support?
It's a fucking mess. Child support is mandated, but spousal support is still up in the air.

Check out mysupport calculator.ca for a free basic version of the Spousal Support Advisory Guidelines which the courts aren't mandated to follow but do so anyway pretty closely, in order to make decisions that will survive appeal.

I'm not shilling for the site by the way. I think it's still free.

>>18151222
>he could just shack up with a 20 year old and become common law and i'd be fucked
This happens all the time, Anon. Pamela Anderson did it.

Seriously, the rights of the surviving spouse can and often do override the will of the deceased. If your concern is over the value of the home in which the deceased and spouse lived, then it's complicated. Seek legal counsel.

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>>18150999
Anon from the U.S here, few questions.

How does one put a lawyer on retainer, truth be told I make illegal income, and I figure one day I may face johnny law, so do I just go to the criminal lawyer and tell em "yeah i do illegal shit, this is what I do, how much for you to help me out when the time comes?".

How would I find the best "shady" lawyer per say.

Also I have a friend who is serving out a prison sentence, if I got a real good lawyer could he possibly contest this sentence, saying the defendant in question didn't get a fair trail, and perhaps have another trail and a more lenient sentence? I doubt it, but good to ask.

>>18151522
>Anon from the U.S here
Good questions.
Firstly, if you think you'll need a family lawyer or criminal lawyer soon, find one now. Ask the lawyer about their reporting obligations to their licensing authority. I'm in Ontario, and if I keep money in trust for a client and don't bill it for a year, then I have to put the retainer in an interest bearing account. However, if the client doesn't complain my law society will never know.

Also, there's a limit to the amount of cash I can take from a client for retainer without having to report, for obvious reasons. The client's lawyer's trust account isn't a vault for illegally obtained money.

These answers will probably change from state to province or wherever you're from.

In many places, it's possible to get a new trial based on new evidence which is compelling but wasn't available at the time of the first trial. Otherwise, your best bet is to appeal the first decision, and don't worry if the appeal is late because the first step is to bring a motion for an extension to file an appeal. There needs to be a reason of course.