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NSW AVO and Criminal Law Issues - Should I Self Represent?

Discussion in 'Criminal Law Forum' started by tanya, 20 January 2015.

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  1. tanya

    tanya Active Member

    2 January 2015
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    What a joke.
    Yesterday I attended the mention for an PVO I applied for against my neighbour. My solicitor totally screwed me! The defendant was going to accept it straight out (I heard her say this to the registrar), but my solicitor somehow managed to coax her into telling the judge that she would accept mediation instead. I repeatedly told my solicitor that mediation WAS NOT an option. She rudely told me " How do you know it won't work unless you've tried it! Besides the Judge will make you do it".

    I knew this woman was a mistake when she actually got my name wrong (I was meeting her for the first time just before my appointment). I was supposed to meet her 1/2 hour earlier so we could discuss my case, and told her I would meet her at 9. As it was nearing 9:30, I decided to tell the registrar that my representation had not shown up and I may have to go it alone. That's when this woman pipes up "That`s me, I've been calling you for the last 1/2 hour. Um, no she had not, my name is not Tanya ROSE. She actually blamed me for the mistake. I should have known then I was screwed.

    She quickly ushers me into an empty interview room. I had so much evidence against my neighbour but she just scanned the AVO paper, rudely commented about one of the terms where my neighbour had to stay away from the schools my children were to attend. She says " you want the defendant to stay away from these places but you have not added your children to the protection order! I was told by the registrar at the initial application I didn't need to, as children involved are automatically protected. She then has the nerve to ask my for the "funds". Because I had to use her at such short notice, we agreed over the phone, 3 days before, I would give her $100 cash for her services. I gave her the money and she left to talk to the defendant.

    The defendant also had an AVO on my partner, at the same time, who was attending with me for support. I know she committed perjury on her statement to get that AVO! Her son apparently saw my partner smash her house window (the police reported he was the only witness), which is a complete lie. He was never charged by police. But on the defendants statement to get the application, she said SHE WAS THE ONE who saw him and that police had charged him! The Judge put a 6 month AVO on my partner, even though we have never done 1 thing to them. The Judge first asked the defendant if she could do mediation with him, and bluntly she said "it won't work"... and that was that!!

    Now after this mediation, we have to return to court on 9 Feb 2015, my solicitor will be there, but I really don`t want to deal with her, or waste my money on her... should I tell her I don't require her services any longer and go it alone, with all my evidence. And seek the original AVO?

    Last night this woman had her music blaring until midnight, no doubt she thinks she's won AGAIN. She had several hooligan mates (some underage) drinking and carrying on, yelling out b*llshit comments. I know they were directed at us. I just let them go, I had to work in the morning.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Tanya,

    This sounds like a frustrating situation, and obviously you don't want to pay someone who treats you disrespectfully to do something you may be able to do yourself. Obviously your solicitor will have a lot more experience and knowledge in the law, dealing with the judicial system and tactics in dealing with defendants etc, however if she is not doing what you ask (and pay) her to do she is acting outside of her retainer.

    Your options are to either get a different lawyer (which will end up being more expensive because you will have to pay for the time it takes the new lawyer to get up to speed on the matter), persist with your current lawyer after having firm (calm) words with her about following your instructions or go it alone.

    Take a look at what Sarah J says in this post:

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