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Difference between revisions of "Lawyers & The Law Society"
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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. | ||
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 act 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 act 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. | ||
The [http://www.lawsociety.bc.ca website of the Law Society of British Columbia] is an extremely helpful resource for people who have hired a lawyer or people who are thinking of retaining a lawyer. It provides a lot of information about the lawyer-client relationship and about lawyers' ethical duties to their clients. | The [http://www.lawsociety.bc.ca website of the Law Society of British Columbia] is an extremely helpful resource for people who have hired a lawyer or people who are thinking of retaining a lawyer. It provides a lot of information about the lawyer-client relationship and about lawyers' ethical duties to their clients. | ||
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Don't be shy about asking lawyers about their hourly rates, how they <span class="noglossary">will</span> bill you, and what sort of disbursements (a lawyer's out-of-pocket expenses for things like photocopying and filing fees) the lawyer <span class="noglossary">will</span> expect that you pay for. Ask what sort of retainer they <span class="noglossary">will</span> require, what their interest rate is on overdue accounts, and whether they <span class="noglossary">will</span> be charging you any additional fees based on their success or the complexity of your problem. Ask whether anyone else in his or her firm <span class="noglossary">will</span> be working on your file, whether you <span class="noglossary">will</span> be billed for their work, and maybe ask to meet them too. | Don't be shy about asking lawyers about their hourly rates, how they <span class="noglossary">will</span> bill you, and what sort of disbursements (a lawyer's out-of-pocket expenses for things like photocopying and filing fees) the lawyer <span class="noglossary">will</span> expect that you pay for. Ask what sort of retainer they <span class="noglossary">will</span> require, what their interest rate is on overdue accounts, and whether they <span class="noglossary">will</span> be charging you any additional fees based on their success or the complexity of your problem. Ask whether anyone else in his or her firm <span class="noglossary">will</span> be working on your file, whether you <span class="noglossary">will</span> be billed for their work, and maybe ask to meet them too. | ||
(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 him or her to act 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 him or her 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.) | ||
===Hiring your lawyer=== | ===Hiring your lawyer=== | ||
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*the trust aspect of the lawyer-client relationship has broken down. | *the trust aspect of the lawyer-client relationship has broken down. | ||
If your lawyer fires you, he or she <span class="noglossary">will</span> normally do so in a letter detailing the reason why he or she can no longer act for you and highlighting any important dates that are upcoming in your case. Most lawyers <span class="noglossary">will</span> also recommend other lawyers you may wish to consider retaining in their place. | If your lawyer fires you, he or she <span class="noglossary">will</span> normally do so in a letter detailing the reason why he or she can no longer <span class="noglossary">act</span> for you and highlighting any important dates that are upcoming in your case. Most lawyers <span class="noglossary">will</span> also recommend other lawyers you may wish to consider retaining in their place. | ||
After you've been fired, the same concerns arise as if you'd fired your lawyer. The lawyer <span class="noglossary">will</span> be concerned about an outstanding account and you <span class="noglossary">will</span> want your file back, or at least transferred to a new lawyer. As far as your outstanding account is concerned, it's important to know that your lawyer can have his or her own bill reviewed under the ''Legal Profession Act'' to get a judgment about the amount owing; that's something both of you can do. | After you've been fired, the same concerns arise as if you'd fired your lawyer. The lawyer <span class="noglossary">will</span> be concerned about an outstanding account and you <span class="noglossary">will</span> want your file back, or at least transferred to a new lawyer. As far as your outstanding account is concerned, it's important to know that your lawyer can have his or her own bill reviewed under the ''Legal Profession Act'' to get a judgment about the amount owing; that's something both of you can do. | ||
