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Court Heated by Family Litigants "Rhetorical Temperature" | Family Lawyers

#familylaw #divorcelawyer #familylawyerontario Court Heated by Family Litigants "Rhetorical Temperature" | Russell Alexander Collaborative Family Lawyers “Exaggeration is the Enemy of Credibility”: Court Offers Tips on “Lowering the Rhetorical Temperature” Between Family Litigants https://familyllb.com/2020/07/23/exag... ________ RESOURCES & LINKS: 🌟 Learn more about our Family Law services: https://www.russellalexander.com 🌟 "Top 5 questions about spousal support in Ontario, Canada":    • Top 5 questions about spousal support in O...   “How Base Child Support is Calculated”:    • How Base Child Support is Calculated   “How to fill out a financial statement“:    • How to fill out a financial statement   “Common Questions About Child Support in Ontario“:    • Common Questions About Child Support in On...   “How Long Does Child Support Continue in Ontario?”:    • How Long Does Child Support Continue in On...   __________ 🌟 Get your FREE guide on Child Access and Custody During the Pandemic: 🌟 https://www.russellalexander.com/chil... 🌟 Grab a copy of our book on Amazon: The Path to a Successful Divorce: Russell Alexander's Guide to Separation, Divorce and Family Law (Canadian, Ontario):🌟 Paperback Edition: https://www.amazon.ca/Path-Successful... Kindle Edition: https://www.amazon.ca/dp/B0727NCRSP __________ Our Areas of Practice: https://www.russellalexander.com/prac... Divorce Information Centre: https://www.russellalexander.com/divo... 6 Ontario Locations: Markham, Ontario https://www.russellalexander.com/markham Whitby, Ontario https://www.russellalexander.com/whitby Kawartha Lakes, Ontario https://www.russellalexander.com/kawa... Oshawa, Ontario https://www.russellalexander.com/oshawa Peterborough, Ontario https://www.russellalexander.com/pete... Toronto, Ontario https://www.russellalexander.com/toronto __________ Find us on social: Facebook:   / russellalexanderfamilylawyers   Twitter:   / familyllb   LinkedIn:   / russellialexander   Instagram:   / familyllb      • Court Heated by Family Litigants "Rhetoric...   #divorce #family #law #childsupport #blog #lawyer #collaborative #practice #divorceprofessional #publichealthagencyofcanada #sharedcustody #childcustody #divorce #childcustodylawyer #divorcecourt #divorcetips #marriage #tip __________ 00:00 Exaggeration is the enemy of credibility. Recently, the court offered tips on lowering the 00:07 rhetorical temperature between Family Law litigants. As we noted in our recent case, the court dealt 00:14 with two warring spouses who attacked each other with what it called "rhetorical fierceness" that 00:20 one would expect of a mixed-martial arts "cage match." 00:29 As an add-on to the court's decision-making on the spouses' substantive dispute over who would 00:34 get exclusive possession of the matrimonial home, the court offered some practical advice not only for 00:41 these parties, but for all litigants in the entire legal profession. 01:07 Number 1: evidence regarding a former spouse's moral failings is rarely relevant to the issues 01:13 before the court. Number 2: nor is the court swayed by rhetorical angst against the other party that 01:21 verges on agitprop. Court's decisions are not guided by concerns of marital infidelity or 01:28 fidelity. 01:46 Fourth point is: "exaggeration is the enemy of credibility". 01:52 That impression, arising from the parties' materials 01:59 or argument, is one of embellishment. That impression will colour everything that emanates from 02:05 that party or their counsel. 02:08 Fifth point: affidavits that read as argument rather than recitation of facts are not persuasive. They 02:16 speak to careless drafting. Six: similarly, hearsay allegations against the other side are 02:24 generally ignored, whether the judges feel it necessary to explicitly say or not. Seventh: the lawyer's 02:32 letter, whatever it says, is useless, unless it contains an admission. 02:52 Eighth point is: facts win cases. 03:00 Ninth: relevance matters. If the court is dealing with, say, an issue regarding 03:09 parenting, allegations of the party's failures regarding collateral issues--say their 03:15 stinginess or their lack of financial disclosure--are irrelevant and counterproductive. 03:23 Rather, they demonstrate that the party, or their counsel, is unable to focus on the issues at 03:38 hand. Often these materials backfire, leading the court to place greater trust in the other 03:45 side. 03:47 The 10th point: one key to success in Family Law, as in other areas of law, is to race to the moral 03:56 high ground.