You and Your Lawyer - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-02T23:03:52Z

Clicklaw directory link edit

Nate Russell: master > associate judge - title change

2024-02-22T00:18:33Z

master > associate judge - title change

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	===Reviewing your lawyer's bill===		===Reviewing your lawyer's bill===

	Both you and your lawyer have the right to have the lawyer's accounts reviewed for fairness under the ''[https://canlii.ca/t/544sl Legal Profession Act]''. The fee review is performed by a registrar, or sometimes by ~~a master~~, of the Supreme Court at a court hearing.		Both you and your lawyer have the right to have the lawyer's accounts reviewed for fairness under the ''[https://canlii.ca/t/544sl Legal Profession Act]''. The fee review is performed by a registrar, or sometimes by an associate judge, of the Supreme Court at a court hearing.

	At this hearing, the registrar <span class="noglossary">will</span> be presented with the lawyer's bills to you, any other supporting documents, such as a ''time diary'', a statement of the lawyer's charges to your bill by the amount of time spent on each task on a day-by-day basis, and the documents and correspondence that were generated over the course of the lawyer's work for you. Your lawyer <span class="noglossary">will</span> attempt to satisfy the registrar that their fees and any amounts billed for disbursements were reasonable. You will have the opportunity to argue that the lawyer's bills were unreasonable and present evidence in support of your position.		At this hearing, the registrar <span class="noglossary">will</span> be presented with the lawyer's bills to you, any other supporting documents, such as a ''time diary'', a statement of the lawyer's charges to your bill by the amount of time spent on each task on a day-by-day basis, and the documents and correspondence that were generated over the course of the lawyer's work for you. Your lawyer <span class="noglossary">will</span> attempt to satisfy the registrar that their fees and any amounts billed for disbursements were reasonable. You will have the opportunity to argue that the lawyer's bills were unreasonable and present evidence in support of your position.

Nate Russell: From staging 2024

2024-01-11T22:22:58Z

From staging 2024

Nate Russell: From staging June 2022

2022-06-17T19:43:05Z

From staging June 2022

Show changes

Nate Russell: Nate Russell moved page You & Your Lawyer to You and Your Lawyer: We're removing the ampersand from the page titles (Page Resource Names)

2022-06-17T19:37:39Z

Nate Russell moved page You & Your Lawyer to You and Your Lawyer: We're removing the ampersand from the page titles (Page Resource Names)

← Older revision	Revision as of 19:37, 17 June 2022
(No difference)

Corinne Shortridge: /* Firing your lawyer */

2019-07-12T18:18:57Z

Firing your lawyer

← Older revision		Revision as of 18:18, 12 July 2019
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	===Firing your lawyer===		===Firing your lawyer===

	Clients usually want to fire their lawyers when they're unhappy with the service they're receiving. You can fire your lawyer simply by sending them a letter to that effect or giving your lawyer a call, though you <span class="noglossary">will</span> no doubt want to phrase a bit more nicely than "I'm firing you." The lawyer-client relationship is a business relationship, and you can terminate this relationship any time you wish.		Clients usually want to fire their lawyers when they're unhappy with the service they're receiving. You can fire your lawyer simply by sending them a letter to that effect or giving your lawyer a call, though you <span class="noglossary">will</span> no doubt want to phrase it a bit more nicely than "I'm firing you." The lawyer-client relationship is a business relationship, and you can terminate this relationship any time you wish.

	Of course, there <span class="noglossary">will</span> be some things left to deal with after you've given your lawyer the news.		Of course, there <span class="noglossary">will</span> be some things left to deal with after you've given your lawyer the news.

Corinne Shortridge: /* Your retainer */

2019-07-12T18:17:37Z

Your retainer

← Older revision		Revision as of 18:17, 12 July 2019
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	===Your retainer===		===Your retainer===

	In British Columbia, family law lawyers cannot work on a contingency basis — for a percentage of the client's award or settlement — which is how some other lawyers, like personal injury lawyers, often get paid. Family law lawyers bill for their services by the hour, although some may bill on fixed, flat-rate for smaller tasks where the scope of the lawyer's services is clearly limited.		In British Columbia, family law lawyers cannot work on a contingency basis — for a percentage of the client's award or settlement — which is how some other lawyers, like personal injury lawyers, often get paid. Family law lawyers bill for their services by the hour, although some may bill on a fixed, flat-rate for smaller tasks where the scope of the lawyer's services is clearly limited.

	Family law lawyers <span class="noglossary">will</span> usually expect to be paid some money up front, called a retainer. While some family law lawyers <span class="noglossary">will</span> agree to be paid from the proceeds of the sale of an asset following trial, most often they'll expect to be paid by an initial retainer followed by additional retainer payments or a monthly billing process.		Family law lawyers <span class="noglossary">will</span> usually expect to be paid some money up front, called a retainer. While some family law lawyers <span class="noglossary">will</span> agree to be paid from the proceeds of the sale of an asset following trial, most often they'll expect to be paid by an initial retainer followed by additional retainer payments or a monthly billing process.

Corinne Shortridge: /* Finding and hiring a lawyer */

2019-07-12T18:16:24Z

Finding and hiring a lawyer

Corinne Shortridge: /* Introduction */

2019-07-12T18:11:17Z

Introduction

← Older revision		Revision as of 18:11, 12 July 2019
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	Lawyers who are family law mediators have special, additional training in mediation. Family law mediators do not represent you or your spouse; they are providing mediation services to the both of you, rather than advocacy services for just one of you. Lawyers who <span class="noglossary">act</span> as mediators are neither party's advocate.		Lawyers who are family law mediators have special, additional training in mediation. Family law mediators do not represent you or your spouse; they are providing mediation services to the both of you, rather than advocacy services for just one of you. Lawyers who <span class="noglossary">act</span> as mediators are neither party's advocate.

	Lawyers who are family law arbitrators have special, additional training in arbitration and have to meet other requirements imposed by the Law Society and the [http://canlii.ca/t/8rdx Family Law Act Regulation]. Family law arbitrators are like private judges; their job is to hear the evidence and arguments necessary to decide a problem and then decide the problem by making a decision. Lawyers who <span class="noglossary">act</span> as arbitrators are neither party's advocate; they are neutral decision makers.		Lawyers who are family law arbitrators have special, additional training in arbitration and have to meet other requirements imposed by the Law Society and the [http://canlii.ca/t/8rdx Family Law Act Regulation]. Family law arbitrators are like private judges; their job is to hear the evidence and arguments necessary to decide a problem and then decide the problem by making a decision. Lawyers who <span class="noglossary">act</span> as arbitrators are neither party's advocate: they are neutral decision makers.

	Lawyers who are parenting coordinators are trained as mediators and arbitrators, and have a great deal of training on top of that. The sort of services parenting coordinators provide are a blend of mediation and arbitration, with a bit of counselling thrown in. Parenting coordinators help parents deal with parenting disputes when they arise and, if an agreement cannot be reached through a process that's a lot like mediation, then the parenting coordinator <span class="noglossary">will</span> make a decision resolving the issue through a process that's a lot like arbitration. Lawyers who <span class="noglossary">act</span> as parenting coordinators are neither party's advocate. If they're anyone's advocate, they're the children's advocate.		Lawyers who are parenting coordinators are trained as mediators and arbitrators, and have a great deal of training on top of that. The sort of services parenting coordinators provide are a blend of mediation and arbitration, with a bit of counselling thrown in. Parenting coordinators help parents deal with parenting disputes when they arise and, if an agreement cannot be reached through a process that's a lot like mediation, then the parenting coordinator <span class="noglossary">will</span> make a decision resolving the issue through a process that's a lot like arbitration. Lawyers who <span class="noglossary">act</span> as parenting coordinators are neither party's advocate. If they're anyone's advocate, they're the children's advocate.

Corinne Shortridge: /* Introduction */

2019-07-12T18:10:27Z

Introduction

← Older revision		Revision as of 18:10, 12 July 2019
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	==Introduction==		==Introduction==

	All lawyers in British Columbia are members of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia]. Many are also members of the [http://www.cba.org/ Canadian Bar Association] and local bar associations like the [http://www.vancouverbar.ca/ Vancouver Bar Association], the [http://www.vicbar.com/ Victoria Bar Association] or the [http://www.tlabc.org/ Trial Lawyers Association of British Columbia]. The Law Society's primary purpose is to govern and regulate lawyers to protect the public interest. As officers of the court and as members of the Law Society, lawyers are held to a high standard of conduct.		All lawyers in British Columbia are members of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia]. Many are also members of the [http://www.cba.org/ Canadian Bar Association] and local bar associations like the [http://www.vancouverbar.ca/ Vancouver Bar Association], the [http://www.vicbar.com/ Victoria Bar Association], or the [http://www.tlabc.org/ Trial Lawyers Association of British Columbia]. The Law Society's primary purpose is to govern and regulate lawyers to protect the public interest. As officers of the court and as members of the Law Society, lawyers are held to a high standard of conduct.

	Your lawyer's primary job is to protect and <span class="noglossary">advance</span> your legal interests. At the same time, your lawyer must follow this high standard of conduct and <span class="noglossary">act</span> at all times in an ethical manner. Lawyers' duties to their clients, to each other and to the courts are governed by:		Your lawyer's primary job is to protect and <span class="noglossary">advance</span> your legal interests. At the same time, your lawyer must follow this high standard of conduct and <span class="noglossary">act</span> at all times in an ethical manner. Lawyers' duties to their clients, to each other, and to the courts are governed by:

	*the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/legal-profession-act/ Legal Profession Act]'',		*the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/legal-profession-act/ Legal Profession Act]'',
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	Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, they install your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim.		Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, they install your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim.

	You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell them to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps even refuse to accept your instructions. You should especially expect your lawyer to tell you if what you want to do <span class="noglossary">will</span> be harmful to your case. Your lawyer is not your "friend". They are a professional who should tell you what you need to hear about your case, and offer objective and reasoned, not emotionally motivated guidance. This can be a bit disconcerting to a person experiencing a high level of emotional distress.		You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell them to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps even refuse to accept your instructions. You should especially expect your lawyer to tell you if what you want to do <span class="noglossary">will</span> be harmful to your case. Your lawyer is not your "friend". They are a professional who should tell you what you need to hear about your case, and offer objective and reasoned, not emotionally motivated, guidance. This can be a bit disconcerting to a person experiencing a high level of emotional distress.

	Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different.		Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different.

← Older revision		Revision as of 23:03, 2 August 2024
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	Sometimes the best way to find a lawyer is the same way you find a family doctor or a school for your children: by word of mouth. Ask your friends, family, and co-workers if they've ever used a family law lawyer, and, if so, how they liked that person. Did the lawyer return telephone calls promptly? Did the lawyer keep them up to speed on the progress of their file? Was the lawyer's bill reasonable? Did they feel comfortable with their lawyer? Did they ''like'' their lawyer? You can also ask your doctor, your accountant, or your dentist if they can refer you to someone. Some of the other things you might want to think about when hiring a lawyer are described in the section on [[Separating Emotionally]].		Sometimes the best way to find a lawyer is the same way you find a family doctor or a school for your children: by word of mouth. Ask your friends, family, and co-workers if they've ever used a family law lawyer, and, if so, how they liked that person. Did the lawyer return telephone calls promptly? Did the lawyer keep them up to speed on the progress of their file? Was the lawyer's bill reasonable? Did they feel comfortable with their lawyer? Did they ''like'' their lawyer? You can also ask your doctor, your accountant, or your dentist if they can refer you to someone. Some of the other things you might want to think about when hiring a lawyer are described in the section on [[Separating Emotionally]].

	The ~~Canadian Bar Association's~~ [~~http~~://www.~~clicklaw.bc~~.ca/~~helpmap~~/service~~/1044~~ Lawyer Referral Service] is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practise, and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919.		The [https://www.accessprobono.ca/our-programs/lawyer-referral-service Lawyer Referral Service] (run by Access Pro Bono) is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practise, and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919.

	Yet another way to find a lawyer is by contacting Legal Aid BC for [https://~~www.clicklaw~~.bc.ca/~~helpmap/service/1053~~ Legal Aid Intake Services]. Legal Aid BC provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned, however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to Legal Aid BC's website on [https://legalaid.bc.ca/legal_aid/howToApply how to apply for legal aid] for more information about their eligibility criteria.		Yet another way to find a lawyer is by contacting Legal Aid BC for [https://legalaid.bc.ca/services Legal Aid Intake Services]. Legal Aid BC provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned, however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to Legal Aid BC's website on [https://legalaid.bc.ca/legal_aid/howToApply how to apply for legal aid] for more information about their eligibility criteria.

	If none of this works out, you can try finding a lawyer through Facebook or the internet, but only as a last resort. Typing "Vancouver family lawyer" or "best divorce lawyer" into a search engine is a terrible way to find a lawyer. While you'll certainly get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through an ad in the Yellow Pages or a newspaper.		If none of this works out, you can try finding a lawyer through Facebook or the internet, but only as a last resort. Typing "Vancouver family lawyer" or "best divorce lawyer" into a search engine is a terrible way to find a lawyer. While you'll certainly get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through an ad in the Yellow Pages or a newspaper.
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	This sort of arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you and your lawyer agree to in advance. If you are interested in hiring a lawyer on this basis, be sure to raise the question of unbundled legal services at the first interview. Is it possible, in the lawyer's view, for them to do just some of the work on your case? Are there tasks that you can do? Is the lawyer prepared to just write an affidavit or a letter, just prepare a court document, or maybe just coach you through your court proceeding?		This sort of arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you and your lawyer agree to in advance. If you are interested in hiring a lawyer on this basis, be sure to raise the question of unbundled legal services at the first interview. Is it possible, in the lawyer's view, for them to do just some of the work on your case? Are there tasks that you can do? Is the lawyer prepared to just write an affidavit or a letter, just prepare a court document, or maybe just coach you through your court proceeding?

	Not all family law lawyers offer this arrangement; however, the [https://~~www~~.~~clicklaw.bc~~.ca/~~resource/4618~~ Unbundled Legal Services] roster lists those who do.		Not all family law lawyers offer this arrangement; however, the [https://unbundlinglaw.peopleslawschool.ca/ Unbundled Legal Services] roster lists those who do.

	==How your lawyer charges you==		==How your lawyer charges you==
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	* [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Law Society's Code of Professional Conduct]		* [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Law Society's Code of Professional Conduct]
	* [http://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained Family Law Act Regulations Explained – Ministry of Justice website]		* [http://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained Family Law Act Regulations Explained – Ministry of Justice website]
	* [~~http~~://www.~~clicklaw.bc~~.ca/~~helpmap~~/service~~/1044 CBABC~~ Lawyer Referral Service]		* [https://www.accessprobono.ca/our-programs/lawyer-referral-service Access Pro Bono's Lawyer Referral Service]
	* [https://~~www.clicklaw~~.bc.ca/~~helpmap/service/1053~~ Legal Aid BC's Legal Aid Intake Services]		* [https://legalaid.bc.ca/services Legal Aid BC's Legal Aid Intake Services]
	* [https://legalaid.bc.ca/legal_aid/howToApply Legal Aid BC's website on how to apply for legal aid]		* [https://legalaid.bc.ca/legal_aid/howToApply Legal Aid BC's website on how to apply for legal aid]
	* [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]		* [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]
	* [https://www.mediatebc.com/for-families/separation-and-divorce Mediate BC's website for Family Mediation Services]		* [https://www.mediatebc.com/for-families/separation-and-divorce Mediate BC's website for Family Mediation Services]
	* [https://www.~~clicklaw~~.bc.ca/~~resource~~/~~2728~~ Law Society Fee Mediation Program]		* [https://www.lawsociety.bc.ca/for-the-public/complaints-about-lawyers-fees/ Law Society Fee Mediation Program]
	* [http://www.unbundling.ca BC Family Unbundling Roster]		* [http://www.unbundling.ca BC Family Unbundling Roster]
	* [https://unbundlinglaw.peopleslawschool.ca/ People's Law School's Unbundled Legal Services]		* [https://unbundlinglaw.peopleslawschool.ca/ People's Law School's Unbundled Legal Services]
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	===Resources===		===Resources===

	* [https://~~www.clicklaw~~.bc.ca/~~resource~~/~~4335~~ Working with Your Legal Aid lawyer] from Legal Aid BC		* [https://legalaid.bc.ca/publications/working-with-your-legal-aid-lawyer Working with Your Legal Aid lawyer] from Legal Aid BC
	* [https://legalhelpbc.ca/legal-help/how-should-i-prepare-before-i-meet-a-lawyer How should I prepare before I meet a lawyer?] from the Justice Education Society		* [https://legalhelpbc.ca/legal-help/how-should-i-prepare-before-i-meet-a-lawyer How should I prepare before I meet a lawyer?] from the Justice Education Society
	* [https://www.lawsociety.bc.ca/working-with-lawyers/~~your-first-meeting/ Your First Meeting~~] from the Law Society		* [https://www.lawsociety.bc.ca/for-the-public/working-with-lawyers/ Working with Lawyers] from the BC Law Society

← Older revision		Revision as of 22:22, 11 January 2024
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	The Canadian Bar Association's [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service] is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practise, and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919.		The Canadian Bar Association's [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service] is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practise, and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919.

	Yet another way to find a lawyer is by contacting ~~the~~ Legal ~~Services Society (LSS)~~ for [~~http~~://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid Intake Services]. ~~LSS~~ provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned, however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to ~~LSS~~'s website on [~~http~~://~~www.lss~~.bc.ca/legal_aid/howToApply~~.php~~ how to apply for legal aid] for more information about their eligibility criteria.		Yet another way to find a lawyer is by contacting Legal Aid BC for [https://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid Intake Services]. Legal Aid BC provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned, however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to Legal Aid BC's website on [https://legalaid.bc.ca/legal_aid/howToApply how to apply for legal aid] for more information about their eligibility criteria.

	If none of this works out, you can try finding a lawyer through Facebook or the internet, but only as a last resort. Typing "Vancouver family lawyer" or "best divorce lawyer" into a search engine is a terrible way to find a lawyer. While you'll certainly get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through an ad in the Yellow Pages or a newspaper.		If none of this works out, you can try finding a lawyer through Facebook or the internet, but only as a last resort. Typing "Vancouver family lawyer" or "best divorce lawyer" into a search engine is a terrible way to find a lawyer. While you'll certainly get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through an ad in the Yellow Pages or a newspaper.

	Remember that not all lawyers ~~practise~~ family law, of course, and this is something you may want to take into consideration. Some lawyers focus exclusively on family law, so that family law is the whole of their practice; others ~~practise~~ family law along with other areas of the law. If a lawyer advertises online, the lawyer's ad or website <span class="noglossary">will</span> usually say exactly what area or areas of law they ~~practise~~. You may wish to pay special attention to lawyers who tend to spend all or most of their time on family law disputes.		Remember that not all lawyers practice family law, of course, and this is something you may want to take into consideration. Some lawyers focus exclusively on family law, so that family law is the whole of their practice; others practice family law along with other areas of the law. If a lawyer advertises online, the lawyer's ad or website <span class="noglossary">will</span> usually say exactly what area or areas of law they practice. You may wish to pay special attention to lawyers who tend to spend all or most of their time on family law disputes.

	===The first interview===		===The first interview===

	Once you've gathered the names of a few lawyers who sound promising, check them out on the website of the [https://www.lawsociety.bc.ca Law Society of British Columbia] and make an appointment to meet with each of them. The Law Society's [https://www.lawsociety.bc.ca/lsbc/apps/lkup/mbr-search.cfm lawyer director] has lots of information about lawyers, including their contact information, how long they've been ~~practising~~ law, their discipline history, and whether they're qualified to work as an arbitrator, a mediator or a parenting coordinator. ~~Here's the entry for me:~~		Once you've gathered the names of a few lawyers who sound promising, check them out on the website of the [https://www.lawsociety.bc.ca Law Society of British Columbia] and make an appointment to meet with each of them. The Law Society's [https://www.lawsociety.bc.ca/lsbc/apps/lkup/mbr-search.cfm lawyer director] has lots of information about lawyers, including their contact information, how long they've been practicing law, their discipline history, and whether they're qualified to work as an arbitrator, a mediator or a parenting coordinator.

	~~[[File:LSBC Lawyer Directory.png\|frameless\|center\|400px\|Example of a lawyer's entry in the Law Society of British Columbia's Lawyer Director]]~~

	A few lawyers <span class="noglossary">will</span> offer you some of their time for free or at a reduced rate for an initial interview. The lawyers you meet through the Lawyer Referral Service <span class="noglossary">will</span> charge a special reduced fee for a half-hour initial interview. Most lawyers, however, <span class="noglossary">will</span> bill for initial interviews at their usual hourly rate.		A few lawyers <span class="noglossary">will</span> offer you some of their time for free or at a reduced rate for an initial interview. The lawyers you meet through the Lawyer Referral Service <span class="noglossary">will</span> charge a special reduced fee for a half-hour initial interview. Most lawyers, however, <span class="noglossary">will</span> bill for initial interviews at their usual hourly rate.
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	(If you're meeting with a lawyer who also works as a family law mediator or family law arbitrator, and you're thinking of hiring them to <span class="noglossary">act</span> in that capacity, you don't want to give the lawyer too many details about your situation. Family law mediators and family law arbitrators must be neutral and impartial. Too much information from just one of you may make the lawyer unable to help resolve your dispute.)		(If you're meeting with a lawyer who also works as a family law mediator or family law arbitrator, and you're thinking of hiring them to <span class="noglossary">act</span> in that capacity, you don't want to give the lawyer too many details about your situation. Family law mediators and family law arbitrators must be neutral and impartial. Too much information from just one of you may make the lawyer unable to help resolve your dispute.)

	For a summary guide to your first interview with a lawyer, see ''[[How Do I Prepare for My First Meeting with a Lawyer?]]''. It's located in the Helpful Guides & Common Questions part of this resource in the Miscellaneous section.		For a summary guide to your first interview with a lawyer, see [[How Do I Prepare for My First Meeting with a Lawyer?]]. It's located in the Helpful Guides & Common Questions part of this resource in the Miscellaneous section.

	===Hiring your lawyer===		===Hiring your lawyer===
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	This sort of arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you and your lawyer agree to in advance. If you are interested in hiring a lawyer on this basis, be sure to raise the question of unbundled legal services at the first interview. Is it possible, in the lawyer's view, for them to do just some of the work on your case? Are there tasks that you can do? Is the lawyer prepared to just write an affidavit or a letter, just prepare a court document, or maybe just coach you through your court proceeding?		This sort of arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you and your lawyer agree to in advance. If you are interested in hiring a lawyer on this basis, be sure to raise the question of unbundled legal services at the first interview. Is it possible, in the lawyer's view, for them to do just some of the work on your case? Are there tasks that you can do? Is the lawyer prepared to just write an affidavit or a letter, just prepare a court document, or maybe just coach you through your court proceeding?

	Not all family law lawyers offer this arrangement; however, ~~there is a~~ [https://~~sites~~.~~google~~.~~com~~/~~view~~/~~bfur BC Family Unbundling Roster~~] ~~which~~ lists those who do.		Not all family law lawyers offer this arrangement; however, the [https://www.clicklaw.bc.ca/resource/4618 Unbundled Legal Services] roster lists those who do.

	==How your lawyer charges you==		==How your lawyer charges you==
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	After hearing the evidence and arguments, the registrar <span class="noglossary">will</span> make a decision and issue a ''Certificate of Fees'' setting out the amount of fees and disbursements that the registrar has approved as reasonable. That becomes the amount you owe to your lawyer for their services, and, in some cases, the amount of the refund your lawyer owes you. Most importantly, the Certificate of Fees has the same <span class="noglossary">standing</span> as a court judgment and can be used as such to enforce the amount you owe to the lawyer or the amount the lawyer owes you.		After hearing the evidence and arguments, the registrar <span class="noglossary">will</span> make a decision and issue a ''Certificate of Fees'' setting out the amount of fees and disbursements that the registrar has approved as reasonable. That becomes the amount you owe to your lawyer for their services, and, in some cases, the amount of the refund your lawyer owes you. Most importantly, the Certificate of Fees has the same <span class="noglossary">standing</span> as a court judgment and can be used as such to enforce the amount you owe to the lawyer or the amount the lawyer owes you.

	As an alternative to a review under the ''Legal Profession Act'', the Law Society operates a [https://www.lawsociety.bc.ca/~~Website~~/~~media~~/~~Shared/docs/public/FeeMediation.pdf~~ Fee Mediation Program]. This is an informal process for dealing with fee disputes without having to go to court.		As an alternative to a review under the ''Legal Profession Act'', the Law Society operates a [https://www.lawsociety.bc.ca/complaints-and-discipline/complaints-about-lawyers-fees/ Fee Mediation Program]. This is an informal process for dealing with fee disputes without having to go to court.

	===Tax deductions for legal fees===		===Tax deductions for legal fees===
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	* [http://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained Family Law Act Regulations Explained – Ministry of Justice website]		* [http://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained Family Law Act Regulations Explained – Ministry of Justice website]
	* [http://www.clicklaw.bc.ca/helpmap/service/1044 CBABC Lawyer Referral Service]		* [http://www.clicklaw.bc.ca/helpmap/service/1044 CBABC Lawyer Referral Service]
	* [~~http~~://www.clicklaw.bc.ca/helpmap/service/1053 Legal ~~Services Society~~'s Legal Aid Intake Services]		* [https://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid BC's Legal Aid Intake Services]
	* [https://legalaid.bc.ca/legal_aid/howToApply Legal ~~Services Society~~'s website on how to apply for legal aid]		* [https://legalaid.bc.ca/legal_aid/howToApply Legal Aid BC's website on how to apply for legal aid]
	* [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]		* [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]
	* [~~http~~://mediatebc.com/~~Mediation~~-~~Services~~/~~Family~~-~~Mediation~~-~~Services.aspx~~ Mediate BC's website for Family Mediation Services]		* [https://www.mediatebc.com/for-families/separation-and-divorce Mediate BC's website for Family Mediation Services]
	* [https://www.clicklaw.bc.ca/resource/2728 Law Society Fee Mediation Program]		* [https://www.clicklaw.bc.ca/resource/2728 Law Society Fee Mediation Program]
	* [http://www.unbundling.ca BC Family Unbundling Roster]		* [http://www.unbundling.ca BC Family Unbundling Roster]
	* [https://unbundlinglaw.peopleslawschool.ca/ People's Law School's Unbundled Legal Services]		* [https://unbundlinglaw.peopleslawschool.ca/ People's Law School's Unbundled Legal Services]
	* [https://www.lawcoachbc.ca/ Law Coach BC]

	===Resources===		===Resources===
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	{{REVIEWED \| reviewer = [[JP Boyd]], 20 February ~~2020~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 20 February 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

← Older revision		Revision as of 18:16, 12 July 2019
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	==Finding and hiring a lawyer==		==Finding and hiring a lawyer==

	Sometimes the best way to find a lawyer is the same way you find a family doctor or a school for your children: by word of mouth. Ask your friends, family and co-workers if they've ever used a family law lawyer, and, if so, how they liked that person. Did the lawyer return telephone calls promptly? Did the lawyer keep them up to speed on the progress of their file? Was the lawyer's bill reasonable? Did they feel comfortable with their lawyer? You can also ask your doctor, your accountant or your dentist if they can refer you to someone. Some of the other things you might want to think about when hiring a lawyer are described in the section on [[Separating Emotionally]].		Sometimes the best way to find a lawyer is the same way you find a family doctor or a school for your children: by word of mouth. Ask your friends, family, and co-workers if they've ever used a family law lawyer, and, if so, how they liked that person. Did the lawyer return telephone calls promptly? Did the lawyer keep them up to speed on the progress of their file? Was the lawyer's bill reasonable? Did they feel comfortable with their lawyer? You can also ask your doctor, your accountant, or your dentist if they can refer you to someone. Some of the other things you might want to think about when hiring a lawyer are described in the section on [[Separating Emotionally]].

	The Canadian Bar Association's [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service] is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practise and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919.		The Canadian Bar Association's [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service] is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practise, and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919.

	Yet another way to find a lawyer is by contacting the Legal Services Society (LSS) for [http://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid Intake Services]. LSS provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to LSS's website on [http://www.lss.bc.ca/legal_aid/howToApply.php how to apply for legal aid] for more information about their eligibility criteria.		Yet another way to find a lawyer is by contacting the Legal Services Society (LSS) for [http://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid Intake Services]. LSS provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned, however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to LSS's website on [http://www.lss.bc.ca/legal_aid/howToApply.php how to apply for legal aid] for more information about their eligibility criteria.

	If none of this works out, you can try finding a lawyer through the Yellow Pages or the internet, but only as a last resort. Typing "<tt>vancouver family lawyer</tt>" or "<tt>best divorce lawyer</tt>" into a search engine is a terrible way to find a lawyer; while you'll get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through a Yellow Pages ad.		If none of this works out, you can try finding a lawyer through the Yellow Pages or the internet, but only as a last resort. Typing "<tt>vancouver family lawyer</tt>" or "<tt>best divorce lawyer</tt>" into a search engine is a terrible way to find a lawyer; while you'll get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through a Yellow Pages ad.
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	===The first interview===		===The first interview===

	Once you've gathered the names of a few lawyers who sound promising, make an appointment to meet with each of them. A few lawyers <span class="noglossary">will</span> offer you some of their time for free or at a reduced rate for an initial interview. The lawyers you meet through the Lawyer Referral Service <span class="noglossary">will</span> charge a special reduced fee for a half-hour initial interview. Most lawyers however <span class="noglossary">will</span> bill for initial interviews at their usual hourly rate.		Once you've gathered the names of a few lawyers who sound promising, make an appointment to meet with each of them. A few lawyers <span class="noglossary">will</span> offer you some of their time for free or at a reduced rate for an initial interview. The lawyers you meet through the Lawyer Referral Service <span class="noglossary">will</span> charge a special reduced fee for a half-hour initial interview. Most lawyers, however, <span class="noglossary">will</span> bill for initial interviews at their usual hourly rate.

	''Do not assume that the lawyer <span class="noglossary">will</span> not charge for their time unless the lawyer specifically advertises that they offer free initial consultations.'' Expect a bill for the lawyer's time!		''Do not assume that the lawyer <span class="noglossary">will</span> not charge for their time unless the lawyer specifically advertises that they offer free initial consultations.'' Expect a bill for the lawyer's time!
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	(If you're meeting with a lawyer who also works as a family law mediator or family law arbitrator, and you're thinking of hiring them to <span class="noglossary">act</span> in that capacity, you don't want to give the lawyer too many details about your situation. Family law mediators and family law arbitrators must be neutral and impartial. Too much information from just one of you may make the lawyer unable to help resolve your dispute.)		(If you're meeting with a lawyer who also works as a family law mediator or family law arbitrator, and you're thinking of hiring them to <span class="noglossary">act</span> in that capacity, you don't want to give the lawyer too many details about your situation. Family law mediators and family law arbitrators must be neutral and impartial. Too much information from just one of you may make the lawyer unable to help resolve your dispute.)

	For a summary guide to your first interview with a lawyer, see [[How Do I Prepare for My First Meeting with a Lawyer?]] It's located in the ''How Do I?'' part of this resource in the ''Miscellaneous'' section.		For a summary guide to your first interview with a lawyer, see [[How Do I Prepare for My First Meeting with a Lawyer?]]. It's located in the ''How Do I?'' part of this resource in the ''Miscellaneous'' section.

	===Hiring your lawyer===		===Hiring your lawyer===

	Once you've picked a lawyer you like and have decided to hire them, your lawyer <span class="noglossary">will</span> require you to sign a retainer agreement and give them a deposit towards your first of couple of bills. Hiring a lawyer is called ''retaining'' a lawyer. A ''retainer agreement'' is a contract between your lawyer and yourself that you each must sign, and which sets out the legal and financial aspects of your relationship to each other. Read the agreement carefully! If there are any terms you don't understand, be sure to ask your lawyer, and, likewise, if you object to any of the terms of the agreement, express your objection and ask how your concern might be addressed. A ''retainer'' is a sum of money you <span class="noglossary">will</span> likely be asked to give as a deposit against your lawyer's future services and fees.		Once you've picked a lawyer you like and have decided to hire them, your lawyer <span class="noglossary">will</span> require you to sign a retainer agreement and give them a deposit towards your first couple of bills. Hiring a lawyer is called ''retaining'' a lawyer. A ''retainer agreement'' is a contract between your lawyer and yourself that you each must sign, and which sets out the legal and financial aspects of your relationship to each other. Read the agreement carefully! If there are any terms you don't understand, be sure to ask your lawyer, and, likewise, if you object to any of the terms of the agreement, express your objection and ask how your concern might be addressed. A ''retainer'' is a sum of money you <span class="noglossary">will</span> likely be asked to give as a deposit against your lawyer's future services and fees.

	Never hesitate to tell your lawyer about any concerns you have about their bills or services.		Never hesitate to tell your lawyer about any concerns you have about their bills or services.
Line 71:		Line 71:
	Traditionally, retaining a lawyer meant handing all the legal work over to the lawyer and their staff to handle. More recently, however, a different kind of retainer agreement called a ''limited scope retainer'' has become more popular. Another term that's used for this arrangement is ''unbundling'' or ''unbundled legal services''. With unbundled legal services, a lawyer or paralegal is only doing some of the work. It could be helping to prepare the first documents required to start a case, or helping to negotiate with the other party, or any other task that the limited scope retainer agreement specifies. The arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you agree to in advance.		Traditionally, retaining a lawyer meant handing all the legal work over to the lawyer and their staff to handle. More recently, however, a different kind of retainer agreement called a ''limited scope retainer'' has become more popular. Another term that's used for this arrangement is ''unbundling'' or ''unbundled legal services''. With unbundled legal services, a lawyer or paralegal is only doing some of the work. It could be helping to prepare the first documents required to start a case, or helping to negotiate with the other party, or any other task that the limited scope retainer agreement specifies. The arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you agree to in advance.

	Not all family lawyers offer this arrangement, however there is a ~~BC Family Unbundling Roster online listing of ones that do. Visit~~ [http://www.unbundling.ca ~~www~~.unbundling.ca] ~~to learn more~~.		Not all family lawyers offer this arrangement, however there is a [http://www.unbundling.ca%20www.unbundling.ca BC Family Unbundling Roster] online listing of ones that do.

	==How your lawyer charges you==		==How your lawyer charges you==