Finding a Family Law Lawyer – Breaking Down the Process

Choosing a lawyer is amongst the most significant decisions you’ll be making throughout your divorce process. The lawyer you choose to retain will have a major impact on the sort of divorce settlement you create. A lawyer should be thorough, efficient, proficient in family law, and compassionate.

Being mindful of the following ideas will assist you in finding the lawyer that is best suited to represent your needs, and to ensuring that you are aware of your legal rights and obligations.

1.   Know Your Case’s Needs

• Is this a high conflict case?
• How well are you and your spouse able to communicate on difficult issues?
• How much money can you afford to spend on legal representation?
• Are there children involved?
• Are there any issues unique to your case that don’t arise in the majority of divorces?

2.   Know Your Personal Needs

Divorce cuts to the crux of some very personal issues, and it is essential that you feel comfortable with your lawyer as you experience the ups and downs of your case. Some lawyers are compassionate, some are hard hitters, and some are masterfully analytic logicians. You discover this through consulting with difference lawyers and gaining a first impression of their personalities. It’s important that you ‘click’ with your lawyer and are able to build a positive and comfortable rapport. Clear communication is essential in building a divorce settlement.

3.   Best Route for Your Divorce

While many assume that divorce settlements are reached only within the walls of a court room, in reality more than 95% of cases are resolved prior to trial. Over the past few decades, and particularly in recent years, forms of alternative dispute resolution have become widely implemented.

A couple’s ability to settle their case out of court will depend largely on their ability to communicate, as well as on those who are assisting the facilitation of that communication. Prior to retaining a lawyer, determine what his or her plan of attack might be, and whether this seems a good fit for your case and your preferences.

4.   Search Out Referrals

Word of mouth is one of avenues to find positive (or cautionary!) reviews of someone’s work. The following are individuals who may be able to offer such recommendations.

• Friends and family members who have been through divorce

When speaking with personal contacts, ask them for information both on the lawyer they had retained, as well as their ex’s lawyer. Ask about personality style, strengths, weaknesses, billing rates, and approach to conflict resolution. Were they able to attain the desired outcome for the case? Whose lawyer did they feel did a better job? In hindsight would they have hired their lawyer if they’d known what they know now, ad why or why not?

Do remember that each individual, case and family is unique and that your lawyer must suit your individualized needs and goals.

• Professionals working alongside family law lawyers

Professionals who are assisting you in other aspects of your divorce can prove a value referral source. Whether financial specialists, clergy, mental health workers, or lawyers working in fields besides family law, they have likely built professional relationships with family law lawyers throughout over the course of their careers that they would recommend.

• Referral Websites

There are many websites focused on the topic of divorce that can offer referrals to family law lawyers based on information provided by customers.

• Law Society Referrals

The Law Society of Upper Canada has a referral system through which it provides referrals to any one lawyer per legal matter.

5.   Consult with More than One Lawyer

Many lawyers offer half hour consultations free of charge to prospective clients. This is a chance to meet with the lawyer, ask pertinent questions and introduce the lawyer to your case. A consultation is an opportunity for you to gain an understanding for the lawyer’s personality and the approach he or she might take with your case if retained.

Schedule consultations with a few lawyers and see which one you feel the most comfortable retaining. Do not feel pressured to retain a lawyer simply because you’ve attended a consultation. Do however be courteous and follow up shortly afterward as to whether or not you’ll be retaining the lawyer.

6.   Can’t Afford a Legal Representation?

Legal Aid Ontario provides services for individuals within qualifying low income brackets, ensuring that anyone is able to qualify for legal representation and attain independent legal advice.

For more information on Legal Aid Ontario, click here.