You have to make sure that your family lawyer is service oriented, that they have time to speak to you and time to deal with your matter. Be cautious about overworked lawyers. The best family lawyer should have time for your case.
According the LawPro, the insurance provider for lawyers, the most common mistakes which a lawyer will make will not be legal error, but a customer service error – things like failing to communicate, or failing to follow instructions, or missing a deadline. While these things may seem simple and basic, they are not and the best family lawyers will have top customer service skills and organizational skills.
So make sure that your divorce lawyer has time for you, that they are interested in your success, and that they aren’t overworked. An overworked lawyer cannot serve his clients well.
Different strokes for different folks
No two people will have the same experience with the same divorce lawyer. You will have to meet with your lawyer to determine if they are the kind of family lawyer you are looking for and if they will meet your needs. If you want an amicable divorce, consider a lawyer who encourages settlement, negotiation, mediation, or mediation-arbitration. Or even an uncontested divorce.
If you want to fight for your rights, then make sure that you have a lawyer who will not only represent you, but one who will do so while advising you of where you are being reasonable, where you are likely to fail, and where you need to settle. Lawyers who don’t advise their clients of this can lose their case and be awarded costs against them.
Some lawyers specialize in a litigious approach to family law, others operate in a more amicable manner. Some lawyers are flexible and take on many approaches. Gather information about your lawyer so that you can assess their strengths. Usually you can glean this information from their marketing as they tend to make this readily apparent.
Many family lawyers do only-amicable divorce. Others are highly litigious. Some vary their approach. Some are litigious for property issues and leave parenting issues, as much as possible, to be resolved between the parents.
At the end of the day, the best lawyer for you isn’t going to be the best family lawyer for every client.
Make sure that your divorce lawyer is realistic with you.
Objective Perspective
Make sure that your family lawyer stays objective and does not take on your position as their own. Clients (in family law and in other fields) tend to like service persons who mirror their emotions and their perspective. However – the best family lawyer is going to look at your case objectively, look at your problems objectively, and come up with a clear headed approach.
Resist the temptation to hire a family lawyer who mirrors your emotions. This can be difficult as divorce/separation is a frustrating time for most parties and many want to feel accepted, agreed with, vindicated, and that someone knows their pain.
However, judges have seen it all before. No case is unique in family law. They are there to make the right legal decision and they are going to have a clear head when they do it. A clear headed lawyer can best anticipate how a clear-headed judge might think, how a judge might decide a case, and they will be more successful than an emotionally involved lawyer.
Clear instructions
Your divorce lawyer should provide clearly worded instructions in a written format. The reason for this is human psychology. When people are emotionally charged, their memories become selective and impaired and their cognitive abilities decline. When you receive oral advice in such a state, you may simply fail to understand all of it, and may even misunderstand it. Having written legal advice allows you to revisit your legal advice at a future time, when you are more composed and collected.
Coping with Divorce
Your lawyer is not your therapist. Make sure that your lawyer has a referral network to send you to, if you are struggling to cope. You can also investigate mental health professionals yourself. Unlike law, where Canadian law schools have similar competence, the mental health field is more stratified. Some schools have a more analytical, scientific, and research oriented curriculum coupled with clinical opportunities. Other schools are more limited in their training. You will want to make sure that your mental health professional has the best possible training. A good family lawyer will know mental health professionals. And know which ones to refer you to.
Located in Toronto
Your divorce lawyer should be familiar with the court system in Toronto. There are three family law courts in Toronto. The Superior Court is located at 393 University, and the two provincial courts are located at 311 Jarvis, and 47 Shepherd East. The Family Law Rules, which govern family law procedures in Ontario, are not applied uniformly throughout the province. In practice, each and every courthouse is slightly different. The differences between Toronto courts are not so significant, but they may also be frustrating to lawyers who are not familiar with them. They may encounter some minor difficulties or perhaps some costlier ones.
Your Toronto lawyer should know the judges in the Toronto courts. While the court system is designed to provide a standardized experience for litigants, your judge is a human being at the end of the day. We are all different. No two judges are the same. If your Toronto family lawyer is familiar with the Toronto judges, you stand a better chance of winning.
Lastly, the industry standard is that lawyers bill for their travel time at either their full hourly rate or half of their hourly rate. If your lawyer is located near the Toronto courthouses, you will be paying less money.
Other municipalities have a single, unified family court where the Superior and provincial courts are behind. Family law procedure is much simpler in these municipalities. Unfortunately, Toronto is not one of these cities and therefore you should choose a family lawyer who is familiar with the Toronto courts.
Located in Kingson
Your Kingston family lawyer will know the family court system in Kingston. Unlike Toronto, which has three courthouses with their own procedures, Kingston has a single, unified family court. This makes Kingston more predictable for lawyers to anticipate court procedures. Kingston’s family court is located at 469 Montreal Street, Kingston ON, K7K 3H9.
Family Law in Kingston
Kingston has a unified family court, where both Provincial and Superior courts are combined into one. This simplifies family law procedure and makes the court process more streamlined and predictable.
Kingston Family Lawyers
Family lawyers in Kingston are generally more amicable and less aggressive than Toronto lawyers. There is a strong Collaborative Family Law practice in Kingston. Collaborative Family Law is a process where lawyers try to negotiate legal issues outside of court. If negotiations fail, then the parties must obtain a new lawyer if they wish the pursue their legal issues through court. Out of court resolutions are ideal where the couples are reasonable and agreeable but inappropriate in certain cases. Often, it saves time and money and results in more predictable and happier outcomes than court.
Despite the popularity of Collaborative Family Law, mediation is actually less popular among lawyers in Kingston than in Toronto. Mediation is heavily promoted in Toronto. Many lawyers either act as mediators or assist clients in mediation. The ratio of mediators to lawyers is much lower in Kingston.