Choosing Your Lawyer

gavelYour choice of lawyer is critical to success:

  • Family law is a difficult and complex area of the law.
  • There are many variables and possible outcomes in every separation scenario.
  • Both substantive and procedural aspects of family law change on a regular and frequent basis. Your lawyer needs to be aware of these changes to adequately protect your interests.
  • The chances of you obtaining a desirable result are greatly enhanced by choosing a lawyer who practices only family law.
  • Family law is too complex for lawyers to “dabble in”.
  • Much time, effort and money has been expended in repairing these cases and getting them back on track.
  • Over the years, the procedural rules which have to be followed to have a case heard in Family Court have become overly complicated and technical.
  • The Chief Justice of Ontario, Warren Winkler has said “The Family Court Rules look like a Boeing manual for an airplane”. (Click to read)
  • Forms must be served and filed with the Court in a particular order. Conferences must be held with more forms and notices. Supporting documents must be included with the forms or they will be rejected by the Court and you will have to start all over again.
  • If this is not enough, there are local variations on how the Rules are enforced.
  • We are fortunate in Hamilton, to have a very helpful and practical counter staff whose approach is to “get things done”.
  • Contrast this with the approach in some other jurisdictions where the clerks at the litigation counter are much more difficult and will refuse to accept documents on the merest of technicalities.
  • Your lawyer should be attuned to these local variations in how the Family Law Procedural Rules are enforced.