FAQs Written By Professionals in Canada
- "Can I fire my family lawyer? How? Under what conditions?"
Family lawyer Judith Holzman answers: "You are the employer, your lawyer is the employee: that is the exact appropriate terminology. You hire his or her expertise. You are entitled to fire a lawyer under any circumstances; however, you will be obliged to them if you fire them in order to obtain your file, as a lawyer has what is called a solicitor's lien on the file. If the matter is on the trial list and you need the file for trial, you can obtain a court order for the release by approaching a court or perhaps even the Law Society. If you are within 30 days of the lawyer's last bill, you can also assess the account before an Assessment Officer..."
- "I don't feel like my family lawyer is answering my questions. What can I do to change this?"
Family lawyer Michael Cochrane answers: "Communication breakdown is the #1 cause of problems between lawyers and clients. Whether you are trying to make choices about your children's future, your property, your financial situation, or even your own post-divorce life, smart decisions depend on a good working relationship between lawyer and client.
An important part of your lawyer's job is not only answering your questions, but providing you with enough information and perspective to ask the right questions to begin with. Clients should take the time to inform themselves about family law; public legal education resources are invaluable in creating an informed client..."
- "What is involved in gathering data for divorce mediation?"
Divorce lawyer and mediator Deborah Zutter answers: "Data gathering can be complex and multi-faceted. It includes the following tasks:
- Identifying what data, which documents and what expert reports or opinions are needed to make decisions;
- Seeking information to prove or disprove assumptions;
- Obtaining necessary documents, such as tables, books of account, financial statements, accident reports, engineering reports and so forth;
- Organizing and making the appropriate number of copies of the information;
- Exchanging data and information among the disputants and their lawyers;..."