# Has anyone ever heard of a lawyer who will act against another lawyer?



## onefishtwofish (Apr 21, 2010)

is it like Dr's that all cover for each other kind of things? I really need one, have tried all the associations and clinics and stuff.including UBC in the SPCA thread, i have had some consultations under the referral program
and have been told a lawyer is in breach of contract................but no one will take it on. Law Society says they can't give legal advice or represent you only address within their own society the conduct of lawyers. I understand they r putting in stricter regulations but still that still doesn't help the public obtain justice.It is so frustrating. Who can take on a lawyer if u r not one yourself?


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## josephl (Apr 21, 2010)

onefishtwofish said:


> is it like Dr's that all cover for each other kind of things? I really need one, have tried all the associations and clinics and stuff.including UBC in the SPCA thread, i have had some consultations under the referral program
> and have been told a lawyer is in breach of contract................but no one will take it on. Law Society says they can't give legal advice or represent you only address within their own society the conduct of lawyers. I understand they r putting in stricter regulations but still that still doesn't help the public obtain justice.It is so frustrating. Who can take on a lawyer if u r not one yourself?


If lawyers are paid and (less so) if it's a valid case, I don't anticipate that you would have a problem finding one. If you are looking for someone to do it pro bono, that will be tougher but if you have a valid case that tugs on a few heart strings, I bet you you would find one too.


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## ThePhoenix (Jul 23, 2012)

I am surprised the Law Society of BC is not helping you here.


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## bcorchidguy (Jan 14, 2011)

Member of Legislative Assembly or your Member of Parliment contact either one.

Douglas


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## onefishtwofish (Apr 21, 2010)

yes you would think the law society would be of assistance but they made it very clear. they will not find a lawyer negligent, any info they gather cannot be used in legal proceedings, the cannot make a lawyer represent you nor can they order a lawyer to compensate for any damages.


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## Lamplighter (Aug 3, 2012)

onefishtwofish said:


> is it like Dr's that all cover for each other kind of things? I really need one, have tried all the associations and clinics and stuff.including UBC in the SPCA thread, i have had some consultations under the referral program
> and have been told a lawyer is in breach of contract................but no one will take it on. Law Society says they can't give legal advice or represent you only address within their own society the conduct of lawyers. I understand they r putting in stricter regulations but still that still doesn't help the public obtain justice.It is so frustrating. Who can take on a lawyer if u r not one yourself?


 Sit down and calculate what actual monetary damages you incurred. Are you able to sue in small debt court? You can also go to UBC and research similar cases and how the judge ruled. It takes money to sue and lots of it. If you loose you can end up footing all the legal bills.

If it goes to Supreme Court it'll take a couple of years to be heard. Sometimes you'll just have to lick your wounds unless it represents a major loss.

If I was still hell-bent on suing I'd do major research to see if there's sufficient evidence to constitute "Breach of Contract." I would then find the monetary limit you can sue for in lower court and take it from there. If it can be heard there.

I threw a ton of law books out a month ago to clear up space for fish.


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## onefishtwofish (Apr 21, 2010)

Sad thing is if i was a criminal, I would get a lawyer paid for me. The lawyer in question refused to go to default to avoid trial as I instructed him many times. He said he wouldn't do it because the other guy had a lawyer and he would not act against her. he then said if the guy didn't have a lawyer he would do so in a heart beat. I told him the guy is going to hide his assets. He said he can't do that it was fraudulent conveyancing. He still refused and instructed his assistant to put a claim against his property pending litigation. It never got done. The guy was 2weeks late filing the papers and still he wouldn't go to default. This was on contingency so the lawyer getting paid depended on my being able to collect. The excuse for the delay in getting the papers done on time was an illness in the office for 2weeks on the other lawyers staff. So, later i find out the other lawyers assistant was the other parties daughter, during which time of absence they were looking for property to invest in to tie up the guys assets just like I said he would. Then after 7weeks from the date I hired him he gave me a written contract that had so many terms and conditions on it that he never ever discussed with me, including an hourly rate of $400 if it went to trial and $150 an hour for his assistant and wrote on the contract we had agreed to it all on day 1. My cousin was with me so i have a witness that never happened. I didn't sign the contract because it was not true. He withdrew. So now the guy had hidden his assets and i have nothing to offer another lawyer to take it on contingency because now there is problems collecting from the guy. And they all live happily ever after and i am left with a home of little or no value and not mentally or physically able to do the ten day trial my lawyer said it would take. There is so much more to it, but I just despair that if i couldnt get a lawyer to act on even filing a default against another lawyer how will i find one who would take this lawyer to court.


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## onefishtwofish (Apr 21, 2010)

Damages to repair my home to fix the not to code work is at least $125k. Then it was to be made wheelchair accessible. It wasn't so just after construction was finished I fractured my foot which compounded my other physical limitations and i could not return on time to my federal government job and i was forced into medical retirement or be fired with no pension or benefits. Had i been able to stay off my fractured foot by being able to use a wheelchair I would have been able to likely returned to work. So we were suing also for aggravated damages and the lawyer had also determined fraud was involved when he told his assistant to file the claim against the guys assets so there would be punitive damages as well. It has been a nite mare. My foot never did heal correctly and now i am extremely limited on how much time i can use it and is always in pain because it healed with post injury arthritus and it is still prone to recurring stress fractures. I have done hundred of hours of research. every thing in evidence is is in the other defendant own written statements cause he couldn't keep track of his lies........it i snt like i am asking for probono just contingency which other third parties are capable of paying, but you can only cover so much in a 1/2 hour consult............Those who i have convinced say i have a slam dunk case but they r all too busy to take it on. I am on so many painkillers and muscle relaxers I am just to slow on the draw to do myself.


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## onefishtwofish (Apr 21, 2010)

That was why i hired this lawyer.........1 because he would do it on contingency and he told me he had never lost a trial so that is why i wasn't worried about footing the costs if we lost, he assured me he was always successful.


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## Lamplighter (Aug 3, 2012)

I found that lawyers love $$$$$. If you had $$$$ to pay a lawyer there would be 100's of lawyers to take your case. Everything is slippery in law the only thing that exist is maybe or perhaps.

Law students will not help you. The have to find a articling position so they don't want to get blacklisted. Even if the rules were such that you could get one to assist remember that a case will not be heard for a couple of years. By that time they will be working.

Any lawyer that tells you that he/she is always successful is a liar or stupid.

This is a tough situation but I don't have to tell you that.

Is there anything that has to be filed before time runs out? All I can say is try not to give up. It's easy to get discouraged but that will not get you anywhere.

Perhaps summing up the situation and make 100's of copies along with a cover letter might open a door. Of course you'd be mailing the letters to lawyers starting alphabetically. I know it's not much but it's the only thing that I can suggest.


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## onefishtwofish (Apr 21, 2010)

yes i am running close to statutory limitations. I am going to file indigent status papers and a notice of intention to proceed and request permission to be heard as 15A trial/ not sure if 18A is still around since rule changes. I have to add the inspector who approved the work, the electrician who said he replaced all the wiring and did not, the engineer who was not an engineer and illegally used company letterhead, the back up bidder who was the contractors son in law, the son who also did the work and now for fraudulent conveyancing and preference and I guess maybe the Lawyer. I will write to the law society because maybe he will be embarrassed and represent me . I would hope he would be mad the guy had his daughter in there manipulating things and that he did in fact bury assets under the lawyers nose. I dont know if trying the media for help is an idea. I need help filling out thepaperwork tho cause i just get so scared.


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## onefishtwofish (Apr 21, 2010)

ThePhoenix said:


> I am surprised the Law Society of BC is not helping you here.


they told me they do not offer legal advice or representation, they investigate in house. that information cant be used in other proceedings, they cannot make the lawyer compensate you or represent you. They recently made it so they can fine them more, the money going to the society, to encourage public trust......good one.


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## onefishtwofish (Apr 21, 2010)

hahahha........you see why i am so scared? already replied to the phoenix.....sorry double post


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## Foxtail (Mar 14, 2012)

I know if you are a contractor, you can put a lean on his property... Seems like a very messy situation. Conflicts of interest all over the place. I would talk to your local mp. didn't the builder get permits? who was the inspector that signed off on the work?


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## Nicole (Nov 21, 2011)

PM Meum, he's a law student at UBC


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## onefishtwofish (Apr 21, 2010)

Foxtail said:


> I know if you are a contractor, you can put a lean on his property... Seems like a very messy situation. Conflicts of interest all over the place. I would talk to your local mp. didn't the builder get permits? who was the inspector that signed off on the work?


no he didn't get permits . cmhc inspected. they changed their policy and didn't inform the cities. This happened under their rehab program. it happened years ago to when they changed their inspection policy on inspecting for mortgaging purposes. the electrician and so called engineer declared their work was to code. Visually it looked good but anything covered up was not done or done wrong.


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## onefishtwofish (Apr 21, 2010)

PSpades said:


> PM Meum, he's a law student at UBC


thanks
, I will do that.


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## Lamplighter (Aug 3, 2012)

I think the first thing to do is to keep the case alive so the statue of limitations doesn't run out.

One of the reason that most lawyers won't take the case on a contingency base is that it can be difficult to collect money from any potential judgement. Companies can go bankrupt and so can people. Hiding money is easy. The law is not geared towards protecting individuals whose only guilt is being honest and trusting. 

I've started Supreme Court action on a couple of occasions and represented myself. Court rooms are full of lawyers waiting to be heard and I've had a few that came to my aid. 

Our judicial system is not geared towards representing the average individual. There are too many technicalities and forms that have to filled out. The good news is that there are individuals that will help with the paperwork.

I never had support when I went before the judge but it would have been nice if a couple of friends tagged along. The way I looked at it is that I could have failed but it actually worked out really well in the end. 

The way that "onefishtwofish" should look at it when she/he goes to court is that she/he most likely knows more about fish than the judge. I think " onefishtwofish" would do well. As a matter of fact judges are just human beings but not very smart in many matters not related to law. I've known a few!


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## onefishtwofish (Apr 21, 2010)

here is an example. I was waiting to go to the hospital for a painshot when the contractor brought over the final invoice to be sent to cmhc. I told him i would send it in as soon as i could. he grabbed and said no he would do it. I finally had to go thru the freedom of information commissioners office to get a copy of my own file from cmhc. The contractor had added alot of pictures of the work he did and other documents I did not know about. The picture #17 he sent cmhc showed a pic with new plywood and a note all insulation changed and new plywood installed. This is what my private inspector found. cmhc inspector had noted 16 inches of flashing missing at the area. This is because the contractor had to remove it so the plywood looked installed b4 he took the picture and removed the plywood b4 closing it up. this was a 46K gutting and rebuild of my mobile home.


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## onefishtwofish (Apr 21, 2010)

onefishtwofish said:


> no he didn't get permits . cmhc inspected. they changed their policy and didn't inform the cities. This happened under their rehab program. it happened years ago to when they changed their inspection policy on inspecting for mortgaging purposes. the electrician and so called engineer declared their work was to code. Visually it looked good but anything covered up was not done or done wrong.


that was a big part of the leaky condo problem.


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## onefishtwofish (Apr 21, 2010)

PSpades said:


> PM Meum, he's a law student at UBC


I snet your friend a pm this afternoon. thanks for the suggestion.


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## onefishtwofish (Apr 21, 2010)

Foxtail said:


> I know if you are a contractor, you can put a lean on his property... Seems like a very messy situation. Conflicts of interest all over the place. I would talk to your local mp. didn't the builder get permits? who was the inspector that signed off on the work?


cmhc contract specified the permits were to be obtained via the contractor so I lost control of that. cmhc knows from prior experience cities have had problems when inspection policy changes take place.

http://www.cpsp.gov.sk.ca/bonoct99.pdf


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