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Difference between revisions of "Lawyers & The Law Society"
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Both of these analogies are totally cheesy but apt. 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 him or her 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. | Both of these analogies are totally cheesy but apt. 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 him or her 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. | ||
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 <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 | 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. | ||
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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? You can also ask your doctor, your accountant or your dentist if they can refer you to someone. | 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. | ||
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 | 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. | ||
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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 <span class="noglossary">will</span> 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 <span class="noglossary">will</span> 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. | ||
Remember that not all lawyers | 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 in the Yellow Pages or online, the lawyer's ad or website <span class="noglossary">will</span> usually say exactly what area or areas of law he or she practises. You may wish to pay special attention to lawyers who tend to spend all or most of their time on family law matters. | ||
===The first interview=== | ===The first interview=== | ||
