Issue Sheet 4: Choose & manage a lawyer – Canadian Council for Co-Parenting Ottawa
Summary: Hiring or replacing a lawyer is your responsibility. Plan for tough financial and legal strategy decisions. Educate yourself from authoritative sources. Build a support team and manage your legal case.
Cost: Few people making average, or even generous wages can afford legal costs of $250 per hour over any significant period. Divorce often forces financially responsible people into bankruptcy. Child support arrears are not removed by bankruptcy, plus additional liabilities for your legal costs (and often hers) can block your ability to borrow, run a business or earn a living. It is common to feel that you have lost control of your finances. Nevertheless, we suggest you plan for the uncontrollable, minimize provocation, maximize communication, and always show up.
Junior or hungry lawyer: $75-150/hour
Average Family law lawyer: (4-10 years experience) $175 to $250 per hour
Very experienced specialist; $300/hr and up
How much can you afford?
A basic divorce, with no children and little property, where you have drawn out an agreement in advance might cost $500 to $1500. The average divorce with kids where there is basic agreement on issues might cost each of you $5000 If you have significant disagreements on custody, access or support, each motion to the court can easily cost $5000.
Even moderately conflicted cases can strip all of the assets from moderately wealthy parents, and many lawyers can entice a vengeful or gullible client into years of legal wrangling, false accusations and legal abuse, while frustrating your opportunity to respond in court. These dishonest legal tactics are used to provoke you, to gain advantage in a financial settlement, to enhance legal fees or by ideologically motivated lawyers promoting stereotypes of roles of mothers and fathers.
Make a financial plan: average your last three years’ income, cost out basic living expenses for a single parent for the time you want to have your kids, and child support (tables are on Justice Canada’s website). Cost out three scenarios; sole custody for you, your ex-, and shared custody. Calculate your borrowing ability and assets. Keep revising this plan as your case goes forward. Decide on what legal costs you can afford and for how long. Decide your priorities. If you can communicate with your ex-, try to plan together.
Finding a lawyer:
If you can work issues out with your ex- before hiring a lawyer, do so, but be scrupulously fair –don’t try to take advantage or a spouse, as it will backfire and create suspicion. Create a one page summary of your case. A list of lawyers are in the yellow pages. If your case is conflicted, you may want a family law specialist. Call a select few and state you are looking to hire a lawyer for a family law case. Ask the rate and if they are accepting new clients. If you feel you might be able to work together, ask if you can fax over the one page summary and schedule a half hour meeting with the lawyer (usually free) to help you decide. Meet with three or so lawyers, choose one and conclude an agreement. Lawyers are negotiators or litigators… consider a good negotiator with a partner who’s a crackerjack litigator.
What you should expect from a lawyer:
A clear statement of fees, retainer and who is actually doing the work (in a multilawyer firm.)
To return calls promptly, to show up for meetings and court. Your lawyer is not a therapist, or a parenting advisor, or a support group. Don’t waste his or her time. Keep it business-like.
Your Support Team:
Parents, Shared parenting support group, pastor, minister, priest, rabbi, … a trusted friend, sibling—this support team can listen to your frustrations and stress far cheaper, but avoid too much dumping on one person.
The “No surprises” approach:
Make it clear that you expect to be kept informed of legal developments and that you will not do anything affecting the case without informing your lawyer. Make it clear that you expect no surprises from him or her: timely information on offers or actions of the other side, proposed actions for you legal strategy, risks and costs.
Manage Your Lawyer:
Often it is not enough to tell your lawyer verbally; you have to manage the relationship. If you are not getting what you want, put in writing your understanding of any meeting or phone call and fax it to his office. Make sure the point is clear: what you expect to be done, when it is to be done by, and that you expect a written response, including why, if this is not possible for any reason. Don’t threaten, but keep it polite and business-like. Keep copies of all important documents in a binder, by date. Take this binder with you, so the lawyer sees you using it.
If you feel your lawyer overcharges:
Get a detailed bill and ask to discuss it with the lawyer. Negotiate. If you still feel it is unfair, you can ask the Court “Master” to “tax” (review) the bill.
Acting as your own lawyer:
This is highly risky, as you are up against experienced professionals and you are emotionally involved. You should only consider this as a last resort, if you are very stable, can think on your feet, have the time and ability to learn prodigious amounts and can write and think very carefully. You might seek a lawyer willing to review forms, strategy and presentation you have prepared and advise you on what might work and what might not.