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{{JP Boyd on Family Law TOC|expanded = intro}} | {{JP Boyd on Family Law TOC|expanded = intro}} | ||
Lawyers are people with special legal training (and a law degree) who are licenced to practice law by their province's law society. The job of the | Lawyers are people with special legal training (and a law degree) who are licenced to practice law by their province's law society. The job of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia] is to regulate who can be a lawyer and to protect the public by setting and enforcing standards of professional conduct. Since many people involved in a family law dispute haven't had to deal with lawyers before, this page is about your relationship with your lawyer. | ||
This page provide an overview of the lawyer-client relationship. It discusses how to find and hire a lawyer, how your lawyer bills for his or her services, how you or your lawyer can end the lawyer-client relationship, and what you can do if you're not happy with your lawyer. | This page provide an overview of the lawyer-client relationship. It discusses how to find and hire a lawyer, how your lawyer bills for his or her services, how you or your lawyer can end the lawyer-client relationship, and what you can do if you're not happy with your lawyer. | ||
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==Introduction== | ==Introduction== | ||
All lawyers in British Columbia are members of the Law Society of British Columbia. Many are also members of the Canadian Bar Association and local bar associations like the Vancouver Bar Association, the Victoria Bar Association or the Trial Lawyers Association of British Columbia. The Law Society's primary purpose is to govern and regulate lawyers to protect the public interest. As officers of the court and as members of the Law Society, lawyers are held to a high standard of conduct. | All lawyers in British Columbia are members of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia]. Many are also members of the [http://www.cba.org/ Canadian Bar Association] and local bar associations like the [http://www.vancouverbar.ca/ Vancouver Bar Association], the [http://www.vicbar.com/ Victoria Bar Association] or the [http://www.tlabc.org/ Trial Lawyers Association of British Columbia]. The Law Society's primary purpose is to govern and regulate lawyers to protect the public interest. As officers of the court and as members of the Law Society, lawyers are held to a high standard of conduct. | ||
Your lawyer's primary job is to protect and advance your legal interests. At the same time, your lawyer must follow this high standard of conduct and act at all times in an ethical manner. Lawyers' duties to their clients, to each other and to the courts are governed by: | Your lawyer's primary job is to protect and advance your legal interests. At the same time, your lawyer must follow this high standard of conduct and act at all times in an ethical manner. Lawyers' duties to their clients, to each other and to the courts are governed by: | ||
*''[http://www.lawsociety.bc.ca/page.cfm?cid=694&t=Legal-Profession-Act-Contents Legal Profession Act]'', | |||
*[http://www.lawsociety.bc.ca/page.cfm?cid=334&t=Law-Society-Rules Law Society of BC Rules], and | |||
*the [http://www.lawsociety.bc.ca/page.cfm?cid=2578&t=BC-Code-Table-of-Contents Law Society of BC's Code of Professional Conduct]. | |||
Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, he or she installs your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim. | Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, he or she installs your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim. | ||
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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 act 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 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 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 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 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. | 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 [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. | ||
==Finding and | ==Finding and hiring a lawyer== | ||
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 | The [http://www.clicklaw.bc.ca/helpmap/service/1044 Canadian Bar Association BC Branch's (CBABC) 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 practice 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 provides legal aid in British Columbia, and, if you meet their criteria, they will 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 will 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 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 will 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 will generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to [http://www.lss.bc.ca/legal_aid/howToApply.php LSS's website on 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 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 will 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 will 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. | ||