By Lauren Turnquist
According to Statistics Canada in 2008, 43.1% of marriages were expected to end in divorce before a couple reached their 50th anniversary. This statistic does not include the separation rates of couples living in common-law relationships which, once factored in, likely increases the overall rate of relationship break downs in Canada.
The unfortunate reality is that many people, whether married or in a common-law relationship, will be faced with the legal implications of a relationship breakdown at some point in their lives.
In the event you experience a breakdown of your marriage or relationship, one of the first, and maybe most important, choices that you may be confronted with is determining whether you need legal representation and choosing who will represent you. Many people feel overwhelmed with not only the fall-out from the breakdown of their relationship, but also with the difficulties associated with choosing a lawyer to assist them in navigating through the muddy waters of a separation or divorce.
The following steps will guide you towards choosing the right family law lawyer for you:
- Ask around – A recommendation from a trusted friend or family member who has been through a similar process is an invaluable source of information. By discussing someone else’s experience with a particular family law lawyer, you will gain insight that you would not otherwise have by simply cold calling a random family law lawyer in your area.
- Check out the Law Society of Alberta website – If family or friends are unable to provide you with some names of family law lawyers, the Law Society of Alberta provides a “Lawyer Referral” service and contact information for up to three lawyers who will review what legal services might assist you. The Law Society of Alberta is a regulator and will not make representations as to the quality of the lawyer’s work. Rather, it will provide you with the contact information of lawyers who will speak to you. You may be put in touch with a family law lawyer, or a lawyer who can refer you to a family law lawyer. If you are interested in this service you can visit the Law Society of Alberta’s website at http://www.lawsociety.ab.ca/public/lawyer_referral.aspx or call 228.1722 for more information.
- Do some initial research – Once you have some names of potential family law lawyers, the simplest way to find information about a particular lawyer is through an internet search. Start by reading a lawyer’s biography on their firm website. Develop a sense of who the person is and what type of law they practice. Does the lawyer practice solely in the area of family law, or do they also practice in other areas of law? Does the lawyer have the expertise in a particular area of family law that is important to you? Consider where the lawyer’s office is located and whether that location is convenient for you. It may be important for you to have a lawyer whose office is near public transportation or where it easy to find parking or near child care.
- Are you looking for a “one stop shop” – Your research should not be limited to your potential lawyer but should also include the law firm where the lawyer practices. In many cases, your legal needs will expand beyond your family law matter. You may require assistance with your estate planning documents or with the sale or refinancing of your current home or the purchase of a new home. You may require assistance with a privately held corporation as part of a property division. There are some family law boutiques that can assist you through your family law matter, but would refer you to another law firm for all other legal matters. There are other law firms that have lawyers who practice in various areas of the law and could assist you within the same firm as your family law lawyer. There are pitfalls and benefits to both boutique family law firms and full service law firms – you just have to assess what type of law firm suits your particular needs.
- Pick up the phone – You should be able to speak to the lawyer who you are interested in on the phone before setting up an in-person consultation. Most family law lawyers will speak to you on the phone at no cost so take advantage of this time. During this introductory call you should get some basic information such as the lawyer’s hourly rate, experience and availability to take on your matter. If there is some urgency to your matter and the lawyer is going on vacation for three weeks, you may want to consider contacting other potential lawyers regarding your matter. Do not limit yourself to speaking to one lawyer. You will never know what options are available to you unless you dial several numbers.
- Be honest about what you can afford – After learning the lawyer’s hourly rate, you must consider whether or not you can afford the costs of that particular lawyer. There is nothing more stressful for the lawyer-client relationship than concerns about how the lawyer will be paid for their services. Some family law lawyers recognize that a relationship breakdown is unexpected and there is no money set aside for a retainer. In these cases, the lawyer may offer flexible payment options to assist you. If payment is a concern, you should ask a potential lawyer what options might be available to you.
- Set up a consultation – If after an introductory phone call and after considering the lawyer’s rates you are interested in retaining a particular lawyer, set up an in-person consultation. A consultation not only allows you to meet the lawyer and provide more information about the specific issues that you are facing, but it also allows the lawyer to assess your situation and provide you with more in depth advice regarding the next steps and whether he/she would be able to assist you.
- Will this lawyer understand what is important to you – Having a successful lawyer – client relationship goes beyond simply telling you what the law is. The family law lawyer that will work best for you will listen and have an understanding of what is most important to you. For example, it may be important that your lawyer understands and is sympathetic to your particular cultural needs and values. Family structures and dynamics vary between various cultures. Your lawyer must understand your culture and values and how they fit within the family law legal framework.
- Assess your comfort level – one of the most important factors to a successful lawyer client relationship is the client’s comfort with his or her lawyer. Your family law lawyer will know intimate details about your finances, personal life, and relationship that your closest friends and family members may not be privy to. You must trust that your family law lawyer will use this information to better understand your situation and represent your best interests. If you are comfortable with and trust your lawyer, you are more likely to provide complete and candid information, which will be essential to the quality of legal representation that you receive.
- Don’t feel rushed– Likely more true than in any other area of law, you have to have the right fit with your family law lawyer. You should only retain a family law lawyer if you are confident in your choice, otherwise, take some time to weigh your options. Remember, you are the client and your lawyer is working for you. Hire the lawyer that is the right fit and you will make what can be an extremely difficult situation, a bit easier.
By keeping these steps in mind, you will be better able to select a family law lawyer with the right legal skills and personal qualities that suit your needs.
The content in this article is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Please contact a lawyer if you have any questions or wish to obtain legal advice.
Lauren is a family law and real estate lawyer with Miles Davison LLP. She is passionate about assisting clients through the difficulties of a divorce or separation and emphasizes the importance of reaching resolutions to family law issues without unnecessary conflict. Where necessary, Lauren utilizes court intervention and has appeared and assisted on matters before all levels of courts in Alberta. Lauren may be reached at lturnquist@milesdavison.com or (403) 298-0355.
I like that you mentioned to make sure you find a family lawyer who will listen to you and try to understand what is most important to you. My best friend is getting divorced, and he is struggling. It would be nice if the lawyer he chooses was understanding and sympathetic. We will definitely be looking for somebody like this.
Thanks for the tips for finding a family lawyer. My best friend is trying to find a family lawyer to help him through his divorce, and I want to help him out. I like what you said about setting up a consultation before you decide. That way, you can see if you are comfortable with the lawyer. I will tell him that.
It’s great that this article explains the importance of researching the different lawyers by looking at their website and biography. Research could help you gain information on how they work and their experience in order to make sure they understand the type of family law you need. After you’ve looked into their services, you’d probably want to create a list of questions you have so that when you go to the consultation you can make sure you get the answers you need to make your decision.