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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 advance 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 will 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 advance 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 will be harmful to your case.


Some lawyers are also mediators, arbitrators and parenting coordinators. Lawyers who act in these roles are not serving as advocates; their jobs are much different.
Some lawyers are also mediators, arbitrators and parenting coordinators. Lawyers who act 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 act for you or your spouse as a lawyer in the usual solicitor-client relationship; 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 act as mediators are neither party's advocate.


Lawyers who are family law arbitrators have special, additional training in mediation and have to meet other requirements imposed by the Law Society and the Family Law Act Regulation. Family law arbitrators are private judges; their job is to hear the evidence and arguments necessary to decide a problem and then decide the problem by making an award. Lawyers who act 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 Family Law Act Regulation. Family law arbitrators are 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 act 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 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 will make a decision resolving the issue, through a process that's a lot like mediation. 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 will 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.


The 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 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.