Difference between revisions of "How Do I Prepare for My First Meeting with a Lawyer?"
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) (From staging 2024) |
||
(10 intermediate revisions by 2 users not shown) | |||
Line 4: | Line 4: | ||
==Information== | ==Information== | ||
The lawyer <span class="noglossary">will</span> need to know certain basic facts about you and your relationship, particularly if there is a chance the lawyer <span class="noglossary">will</span> be starting a court proceeding on your behalf. So make sure you either have this information at the tips of your fingers or have it written down. | The lawyer <span class="noglossary">will</span> need to know certain basic facts about you and your relationship with your spouse, particularly if there is a chance the lawyer <span class="noglossary">will</span> be starting a court proceeding on your behalf. So make sure you either have this information at the tips of your fingers or have it written down. | ||
===Basic information=== | ===Basic information=== | ||
The lawyer <span class="noglossary">will</span> need to know this basic information: | The lawyer <span class="noglossary">will</span> need to know this basic information: | ||
*your address, occupation, annual income and date of birth, | *your address, occupation, annual income, and date of birth, | ||
*your spouse's full name, address, occupation, annual income and date of birth, | *your spouse's full name, address, occupation, annual income, and date of birth, | ||
*the date each of you began living in British Columbia, | *the date each of you began living in British Columbia, | ||
*citizenships, | |||
*the date the two of you started to live together, | *the date the two of you started to live together, | ||
*if you're married, the date of your marriage and the name of the city or town where you got married, | *if you're married, the date of your marriage and the name of the city or town where you got married, | ||
Line 18: | Line 19: | ||
*your surname at birth and your surname before you got married, if you are married, | *your surname at birth and your surname before you got married, if you are married, | ||
*your spouse's surname at birth and their surname before you got married, if you are married, | *your spouse's surname at birth and their surname before you got married, if you are married, | ||
*whether you were unmarried, divorced or widowed when you married, if you are married, and | *whether you were unmarried, divorced, or widowed when you married, if you are married, and | ||
*whether your spouse was unmarried, divorced or widowed when you married, if you are married. | *whether your spouse was unmarried, divorced, or widowed when you married, if you are married, and | ||
*whether you and your spouse have signed any prenuptial or other agreements. | |||
===Financial information=== | ===Financial information=== | ||
The lawyer <span class="noglossary">will</span> need to know this financial information: | The lawyer <span class="noglossary">will</span> need to know this financial information: | ||
*the approximate balance of all financial accounts, including savings, RRSP and investment accounts, and the names of the financial institutions holding the accounts, | *the approximate balance of all financial accounts, including savings, RRSP, and investment accounts, and the names of the financial institutions holding the accounts, | ||
*approximate credit card balances, and the names of the credit card companies, | *approximate credit card balances, and the names of the credit card companies, | ||
*the balances of any loans and lines of credit, | *the balances of any loans and lines of credit, | ||
Line 35: | Line 37: | ||
===Concerns and risks=== | ===Concerns and risks=== | ||
The lawyer <span class="noglossary">will</span> also need to know: | The lawyer <span class="noglossary">will</span> also need to know: | ||
*any health concerns about you, your spouse and the children, | *any health concerns about you, your spouse, and the children, | ||
*any pending financial risks, like bankruptcy or a loss of employment, | *any pending financial risks, like bankruptcy or a loss of employment, | ||
*any history of family violence, | |||
*any pending personal risks, such as risk of abuse or the abduction of the children, and | *any pending personal risks, such as risk of abuse or the abduction of the children, and | ||
*the basic reasons why your relationship came to an end. | *the basic reasons why your relationship came to an end. | ||
Line 43: | Line 46: | ||
==Documents== | ==Documents== | ||
You will need to bring a piece of government ID to your first meeting since the Law Society of British Columbia requires that lawyers ensure they properly identify who their clients are. | |||
You really only need to worry about documents if you're already in the middle of a court proceeding or negotiations between you and your ex have started. | You will need to have your marriage certificate to start a court proceeding. | ||
You really only need to worry about other documents if you're already in the middle of a court proceeding or negotiations between you and your ex have started. | |||
If litigation is under way, the lawyer <span class="noglossary">will</span> want to see all the legal documents (also called "pleadings") that have been produced thus far. If you can't truck the whole file down to the lawyer's office, at least make sure you bring: | If litigation is under way, the lawyer <span class="noglossary">will</span> want to see all the legal documents (also called "pleadings") that have been produced thus far. If you can't truck the whole file down to the lawyer's office, at least make sure you bring: | ||
Line 50: | Line 56: | ||
''Supreme Court'' | ''Supreme Court'' | ||
*the Notice of Family Claim, | |||
*the Response to Family Claim, | |||
*the Counterclaim, if any, | |||
*any agreements, | |||
*any Financial Statements that may have been prepared, | |||
*a copy of all orders made so far, and | |||
*if you're seeing the lawyer about an interim application, a copy of the Notice of Application and the supporting affidavits. | |||
''Provincial Court'' | ''Provincial Court'' | ||
*the Application About a Family Law Matter, | |||
*the Reply to an Application About a Family Law Matter (and any Reply to a Counter Application, also), | |||
*any agreements, | |||
*any Financial Statements that may have been prepared, and | |||
*a copy of all orders made so far. | |||
If you're in the midst of negotiations, you <span class="noglossary">will</span> want to bring: | If you're in the midst of negotiations, you <span class="noglossary">will</span> want to bring: | ||
*a copy of any offers made so far, and | |||
*any Financial Statements that may have been prepared. | |||
If you're planning on starting a divorce proceeding, you'll definitely need to bring: | If you're planning on starting a divorce proceeding, you'll definitely need to bring: | ||
*your original certificate of marriage (the ugly brown government document, not the flowery document you might have received from whomever performed the marriage), and | |||
*a photograph of your spouse. | |||
==Payment== | ==Payment== | ||
Line 83: | Line 90: | ||
Most lawyers charge for initial meetings at their usual hourly rate. Do not assume that there <span class="noglossary">will</span> be no charge for your initial appointment. If you must make an assumption, assume that the lawyer <span class="noglossary">will</span> be charging you at the lawyer's normal hourly rate. | Most lawyers charge for initial meetings at their usual hourly rate. Do not assume that there <span class="noglossary">will</span> be no charge for your initial appointment. If you must make an assumption, assume that the lawyer <span class="noglossary">will</span> be charging you at the lawyer's normal hourly rate. | ||
If the lawyer is going to be charging for your first visit, | If the lawyer is going to be charging for your first visit, they <span class="noglossary">will</span> usually expect payment once the meeting is done. All lawyers <span class="noglossary">will</span> take cash and cheques, and many <span class="noglossary">will</span> also take credit cards. Make sure you are able to pay for your first meeting when you book it. | ||
==For more information== | ==For more information== | ||
Line 90: | Line 97: | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Trudy Hopman]], September 22, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category: | [[Category:Helpful Guides & Common Questions|P]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] | ||
{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} |
Latest revision as of 22:29, 17 January 2024
Information[edit]
The lawyer will need to know certain basic facts about you and your relationship with your spouse, particularly if there is a chance the lawyer will be starting a court proceeding on your behalf. So make sure you either have this information at the tips of your fingers or have it written down.
Basic information[edit]
The lawyer will need to know this basic information:
- your address, occupation, annual income, and date of birth,
- your spouse's full name, address, occupation, annual income, and date of birth,
- the date each of you began living in British Columbia,
- citizenships,
- the date the two of you started to live together,
- if you're married, the date of your marriage and the name of the city or town where you got married,
- the date of your separation, if you're separated,
- the full names and birthdates of any children,
- the care arrangements that are presently in place for the children,
- your surname at birth and your surname before you got married, if you are married,
- your spouse's surname at birth and their surname before you got married, if you are married,
- whether you were unmarried, divorced, or widowed when you married, if you are married, and
- whether your spouse was unmarried, divorced, or widowed when you married, if you are married, and
- whether you and your spouse have signed any prenuptial or other agreements.
Financial information[edit]
The lawyer will need to know this financial information:
- the approximate balance of all financial accounts, including savings, RRSP, and investment accounts, and the names of the financial institutions holding the accounts,
- approximate credit card balances, and the names of the credit card companies,
- the balances of any loans and lines of credit,
- the full details about any personal and family debts,
- basic information about any stock or bond portfolios,
- whether either of you has a pension and, if so, the name of the pension plan,
- the addresses of any real estate either of you might own and information about how those properties are owned,
- the approximate market value of any real estate and the amount of any mortgages, and
- the full details about any assets or property that either of you own that is located outside British Columbia.
Concerns and risks[edit]
The lawyer will also need to know:
- any health concerns about you, your spouse, and the children,
- any pending financial risks, like bankruptcy or a loss of employment,
- any history of family violence,
- any pending personal risks, such as risk of abuse or the abduction of the children, and
- the basic reasons why your relationship came to an end.
Don't worry if you don't have all this information available right away. There is almost always time to collect this information afterwards, and the lawyer you meet will most likely have a list of other information that you'll have to gather in any event.
Documents[edit]
You will need to bring a piece of government ID to your first meeting since the Law Society of British Columbia requires that lawyers ensure they properly identify who their clients are.
You will need to have your marriage certificate to start a court proceeding.
You really only need to worry about other documents if you're already in the middle of a court proceeding or negotiations between you and your ex have started.
If litigation is under way, the lawyer will want to see all the legal documents (also called "pleadings") that have been produced thus far. If you can't truck the whole file down to the lawyer's office, at least make sure you bring:
Supreme Court
- the Notice of Family Claim,
- the Response to Family Claim,
- the Counterclaim, if any,
- any agreements,
- any Financial Statements that may have been prepared,
- a copy of all orders made so far, and
- if you're seeing the lawyer about an interim application, a copy of the Notice of Application and the supporting affidavits.
Provincial Court
- the Application About a Family Law Matter,
- the Reply to an Application About a Family Law Matter (and any Reply to a Counter Application, also),
- any agreements,
- any Financial Statements that may have been prepared, and
- a copy of all orders made so far.
If you're in the midst of negotiations, you will want to bring:
- a copy of any offers made so far, and
- any Financial Statements that may have been prepared.
If you're planning on starting a divorce proceeding, you'll definitely need to bring:
- your original certificate of marriage (the ugly brown government document, not the flowery document you might have received from whomever performed the marriage), and
- a photograph of your spouse.
Payment[edit]
Before you even darken the lawyer's door, make sure you know whether or not the lawyer is going to be charging for your first appointment.
Some lawyers offer an initial consultation for free; if so, they will usually advertise that first meetings are free. Other lawyers will offer an initial consultation for a reduced fee.
Most lawyers charge for initial meetings at their usual hourly rate. Do not assume that there will be no charge for your initial appointment. If you must make an assumption, assume that the lawyer will be charging you at the lawyer's normal hourly rate.
If the lawyer is going to be charging for your first visit, they will usually expect payment once the meeting is done. All lawyers will take cash and cheques, and many will also take credit cards. Make sure you are able to pay for your first meeting when you book it.
For more information[edit]
You can find more information about choosing a lawyer in the chapter Introduction to the Legal System for Family Matters within the section Lawyers & the Law Society.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Trudy Hopman, September 22, 2023. |
|
![]() |