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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My son has court in Red Deer, Alberta on Dec. 3/15. We have

Customer Question

My son has court in Red Deer, Alberta on Dec. 3/15. We have been unable to obtain legal aid to this point and they keep telling us to keep phoning. The judge has said that the case will go to trial on the 3rd with or without a lawyer as he does not believe that we are trying to locate one. None of the lawyers that legal aid or ourselves have contacted are willing to take the case without huge amounts of money. I am unable to pay for a lawyer at this time. Can the judge make him proceed without a lawyer and how do we secure one without paying out more money? We need help quickly before this gets pushed through court without any legal counsel.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

If the judge feels the matter is unduly dragging along in the court system without any notable progress, then yes s/he is able to demand the matter be set down for trial on a with or without counsel basis.

If your son has obtained a legal aid certificate but unable to find a lawyer who will accept it, he should go to the legal aid office and request they help him find one. If that doesn't work, get the legal aid worker who helped to write a letter in support of the fact they made best efforts but to no avail. That should buy some more time, or persuade the judge to try and direct a lawyer to represent him.

If your son was denied legal aid, then lawyers will likely only take on his case if he pays them. If he can't afford a lawyer, he can try to bring forward to the court a Rowbotham Application, which is an application seeking an Order from the court requiring his defence to be funded / paid for by legal aid.

Expert:  Daniel Freudman replied 1 year ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you.

Expert:  Daniel Freudman replied 1 year ago.

Sorry to bother you but it would be greatly appreciated if you could provide me with a positive rating. Thank you.

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