The end of a relationship, a break up, divorce or separation are often cited within the top two life-changing and life-altering stressors for people. They usually follow only second to the death of a loved one. It can be a challenging time to navigate. Some couples can manage on their own and figure out a settlement that works best for them and their family but many cannot and will require the assistance of a family law lawyer. Choosing the right family law lawyer that will be the best match for you and your family law matter is critical. It may save you significant time, stress and money to find the right “fit” for your legal counsel. Below are a few (hopefully helpful) tips on how to find a family law lawyer to assist you with your separation or divorce:
Research your lawyer
Find out about who your lawyer is and what kind of legal practice they have. If the family law lawyer you are considering has a website, go to it and review the site and information the lawyer is providing about themselves. If you want to know what types of cases your lawyer has taken on you can go to the free legal database https://www.canlii.org/en/ and search using your lawyer’s name to find reported legal decisions of cases they have taken to trial. Google your lawyer and see what other types of community and/or board work they may be involved in and also to see if they have written or presented on any specific areas of family law – this may show their interest and also a focus of their legal practice. These things will typically give you a sense of the lawyer’s role and involvement in the legal community and broader community. Usually, these materials and the lawyer’s website will also provide you an impression of the lawyer’s practice style, i.e. are they litigators (in court, trial mostly), settlement oriented, negotiators, mediators, collaborative law practitioners, etc. Often word of mouth from friends, family and colleagues can provide a good referral source for lawyers that were effective in their legal matter. Know what you want and what your goals are in your family law matter – It’s really important to know your values and how you want your file handled. Remember that the results of anything that occurs in your family law matter will impact you and your life moving forward. As compassionate and involved as your lawyer may be in advising and representing you through your separation, when your file is over your lawyer will close your case and it will likely be sent to a storage unit. But for you, when your family law matter ends it is just the beginning of a new way of life and potentially different challenges, and if litigation was involved, likely some repairing of relationships. For example, if you are settlement oriented and want to exhaust the negotiation process with your ex-partner (which as an aside is what the current Family Law Act (BC) encourages) before even considering starting a court action, then meeting a lawyer that is litigation oriented and wants you to start a court action immediately may not be beneficial. [Note: sometimes there are urgent matters related to safety concerns and protection of assets or concerns for children that do require immediate court action.] Sometimes having lawyers with opposing practice styles on a file can end up causing more tension, time and money for a family file.
Set up a Consultation
It’s important to meet your lawyer in person to do your final gauge of “fit” and appropriateness of the lawyer you are choosing to work on your legal issues. Even with the research and referrals from close people in your life you still may end up meeting a lawyer and realizing once you finish your consultation that it would not work out. The consultation time is to really see if this is the person you can and are willing to go into the trenches with if things go sideways or get messy in your family law matter. This is the person you will need to feel comfortable sharing your most personal details with – the good, bad, ugly and very ugly. This is the person with whom you will need to address everything from how your case is being managed to any billing concerns you may have. In addition, you may be considering the size of the firm and if the lawyer will mainly be using a junior associate on your file, and you may also want to get a sense of the lawyer’s paralegal or assistant since they will be a significant person involved in the management of your file. You have to trust your “gut” in this selection process. Your lawyer has to be right for you. Pay careful attention to how they speak with you, how they answer your questions and most importantly how they listen to you.
Setting Expectations
It is important to be clear with your potential family law lawyer about what you want to see or need to know about your file. One of the biggest complaints made to the Law Society of BC regarding family law matters and family law lawyers is the issue of communication. Your lawyer is required to get back to you in a reasonable time frame to your messages; your lawyer may have their assistant follow up or another lawyer if they are busy. Some lawyers who have a litigation practice may be in court a lot – which means their time will be extremely limited. If you expect frequent and immediate telephone contact and access to your lawyer this may not be possible and will lead to stress. Alternatively, you may only want file updates as needed and may be fine with less contact with your lawyer and their office. Whatever your expectations are, be clear from the start. This is also an opportunity for your lawyer to set out how they will work and you can see if their style and expectations of you are going to work. If your lawyer requires information and you cannot provide it in a timely manner this may backlog your family law case. Lay things out early on with your lawyer so you can limit any misunderstandings.
This and That: Things to Consider
Know how your lawyer works: Do they prefer to email or call you on the phone; do they want to meet you in the office; if you are conscious of wanting to keep legal fees down, will they let you take care of any bulk photocopying required; do they have any other ways you can keep costs down for your legal file; where is their office located, is it accessible to you, and do they have multiple locations; do they have flexible office hours and times to call you back or meet with you; if they go away on holidays who watches over your file; will you get a hardcopy of all of the correspondence on your file or is your lawyer’s firm more paperless; how is time billed for your legal matter – these are a few of the other things that you may want to consider when selecting a lawyer. The things that involve the management and oversight of your file are important to consider.
Selecting a family law lawyer can shape your experience of your family law matter. You want someone you can trust to provide you legal services that work for you and to care for you during a break up, separation, or if you are considering how to get a divorce. It does not mean you will always agree with the lawyer you select or that you will always follow the instructions of the lawyer you choose but it does mean that you have done your part in picking a lawyer that is best suited for the situation you are in that can hopefully work well with you as you go through the ups and downs of your family law matter.