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Difference between revisions of "You and Your Lawyer"
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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 | 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 | 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 | 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. | ||
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 | 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, | 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/ | 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] | ||
* [ | * [https://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid BC's Legal Aid Intake Services] | ||
* [https://legalaid.bc.ca/legal_aid/howToApply Legal | * [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.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] | ||
===Resources=== | ===Resources=== | ||
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{{REVIEWED | reviewer = [[JP Boyd]], 20 February | {{REVIEWED | reviewer = [[JP Boyd]], 20 February 2023}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
