DivorceMag: North West Territories FAQs

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FAQs Written By Professionals in Canada

"I need to discuss certain aspects of my case. Can I call my spouse's divorce lawyer if mine is out of town?"
Divorce lawyer Allen Cooper answers: "The rule is firm and rigid, yet many people, even when they know the rule, think they can make an exception if they think matters are urgent. Given the highly emotional state of clients in matrimonial litigation, sometimes people's emotions take control over reason.

A lawyer directly dealing with the other party under any circumstances breaks the Rules of Professional Conduct and can be sanctioned for such conduct. I've had numerous clients ignore the rule and try to contact the other counsel, and many clients on the other side attempt to contact my office. Such communication can't and shouldn't take place. The rationale for the rule is simple: the lawyer might take advantage of the other party, since the lawyer only works on behalf of his/her client..."

"Is it all right to date or have a sexual relationship with my family lawyer?"
Divorce lawyer Robert Burg answers: "In family law, there is something called 'the appearance of impropriety'. This means that nothing should occur that could be seen by a third party as looking improper. Having a relationship on anything more than a professional level certainly fits within this category. Some states -- including New Jersey and New York -- have specifically prohibited matrimonial attorneys and their clients from dating.

However, there is an even more basic concern that each party must have: objectivity. Anyone who has ever dated is a painfully aware of the emotional roller-coaster ride that is part and parcel of any relationship. Even assuming that both of you are willing to brave the reprisals that accompany such improper and unprofessional behavior, the risk of making an error in judgment based upon personal feelings will be ever-present..."

"Can I object to the amount of fees charged by my divorce lawyer? How?"
Family lawyer George Eyre answers: "When you first retain your lawyer, it's important to discuss how the lawyer will bill you and what he or she estimates the costs will be. The more court appearances there are, the larger your fee will be. So there's a strong incentive on the parties to settle when they have to pay for legal fees.

You can keep costs down in the following ways:

provide information to your lawyer in an organized, brief, and timely manner
avoid lengthy telephones calls regarding matters other than your case
if you're very upset, seek the support of social workers or therapists to help you; your lawyer should sympathize with you, but he can't be your therapist..."

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