UTILIZING YOUR LAWYER EFFECTIVELY
The
role of a lawyer is to inform you of your rights in the legal
system. They are able to advise you on the process and actions
that are possible. They act on your behalf in negotiations with
your ex-partner's lawyer, and sometimes your ex-partner directly
if he or she does not have a lawyer. They also act on your behalf
in court.
A lawyer
charges fees for their professional services that will be paid
by you or through legal aid. In both cases, it is important to
use your time effectively with the lawyer to maximize efficiency
and minimize the cost. If you are getting legal aid, there will
be a cap on the number of hours granted to your lawyer by the
Ontario Legal Aid Plan.
What
follows is a list of potential suggestions to consider when working
with a lawyer.
-
Gather as much information as you can ahead of time to inform
yourself on some of the legal issues. There are brochures on
family law or legal terminology available.
-
Make a list of questions that you wish to ask the lawyer. Take
notes during the appointment so you can remember. It is often
difficult to retain information when we are under stress or
learning new things with which we are not familiar.
-
Ask your lawyer what is the best way to communicate with them
if you have questions to save yourself time and money. Ask what
the usual turn-around time is for phone calls.
-
Write out information to give to your lawyer to assist in the
completion of affidavits. This can include the history of the
relationship or abuse issues. It takes less time for a lawyer
to read documents as opposed to your explanation in person.
Anything given to your lawyer is part of lawyer-client privilege
and cannot be used for any other purposes.
-
Use the lawyer's voice mail, it takes less time for the lawyer
to listen to your message rather than have a conversation. Recognize
that every call you make will cost you money or time used on
your legal aid certificate.
-
When you call the lawyer with a problem, if you can, have a
plan of action you would like them to take.
-
Ask for time frames on action they are taking and keep a written
record of this.
-
Where possible, gather documentation for the lawyer such as
financial documents yourself. If it is not safe for you to access
documents, ask the lawyer to do so. Depending on your comfort
and safety level there may be other things you could do as well
to assist in the process.
IF YOU
HAVE CONCERNS WITH YOUR LAWYER
-
The professional conduct of lawyers is regulated by the Law
Society of Upper Canada. If you have any concerns that your
lawyer may be acting inappropriately or unethically, you may
call them to inquire at 1-800-268-7568.
- You
may also wish to consult with another lawyer for a second opinion.
It is important to keep in mind that even the best of lawyers
may not be able to facilitate an outcome that you feel is fair.
The lawyer works within the law, and does not have the ability
to change laws that place abused women at a disadvantage. Seeking
a second opinion can assist you in determining the level of
service you are getting from your lawyer.
- If
you believe that you have been overcharged, you can have your
legal bill assessed. This involves contacting the Family Court
Office at 660-3044. It must be done within 30 days of receiving
the bill from your lawyer, including interim billings. There
is a $53 fee for this process that involves an informal hearing
with the lawyer and yourself. You are welcome to bring along
a support person. The meetings occur on Friday mornings, and
the complainant is responsible for serving notice of the meeting
to the lawyer.
London Abused Women's Centre