FAQs Written By Professionals in Canada
- "What if I don't agree with my divorce lawyer's tactics and strategies? Can I get a second legal opinion without firing my family lawyer?"
Divorce lawyer Judith Holzman answers: "You are deciding your future, and you have the right to a second opinion. You also have the right to ask your lawyer to send you copies of all correspondence, pleadings, affidavits, etc.
As a practical matter, many people don't keep everything that their lawyers send them, and may need to obtain portions of their files in order to get a second opinion. While the Law Society requires cooperation between lawyers and, in theory, wants the lawyer giving the second opinion to contact the first lawyer and obtain his or her cooperation, that's theory, not practice. Many clients don't want their first lawyers to know they are questioning their judgment by seeking a second opinion..."
- "My wife and I have agreed to divorce via a collaborative process, but she and her divorce lawyer are not cooperating fairly. Is it likely that we'll reach a fair settlement?"
Family lawyer James MacDonald answers: "he techniques that collaborative lawyers and traditional lawyers use are based on opposing philosophies of dispute resolution, so the question of whether you and she can negotiate effectively naturally arises.
A collaborative lawyer lets the client drive the agenda whereas a traditional lawyer takes charge. The collaborative lawyer helps the client talk for himself or herself instead of speaking for the client. Interests are the watchword of the collaborative lawyer as opposed to positions, which the traditional lawyer defends and expects to see others to attack..."
- "Should I tell my family lawyer the whole truth? There are things I would like to keep to myself."
Divorce lawyer Joe Sheridan answers: "A client asking this question may be embarrassed to provide the full details of the situation, or wish to deliberately deceive the other party in the divorce with respect to financial or other information.
Generally, it's very important to tell your lawyer the whole truth.
It's critical to have a good working relationship with your family lawyer, which means being comfortable enough to talk about embarrassing issues that we usually don't discuss with others. Your lawyer can't assist you in the best manner possible if he or she doesn't have a complete picture of your situation. Details that might seem unimportant to you may be very important to your case. The more information that your lawyer has, the better that he or she can advise you and work on your behalf -- and the more time and money you could save later on..."