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Role/"responsibility" of lawyer (vs. me): Form 13.1/13A

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  • Role/"responsibility" of lawyer (vs. me): Form 13.1/13A

    Spouse and I both exchanging docs via our lawyers. My Forms 13.1 and 13A are lengthy beasts (lots of accounts from my business). The 13A seems I can sign alone (lawyer does not have to sign). I sign the 13.1 but it's witnessed by the lawyer. Question for the forum here : I worked with CDFA on the prep, so the numbers have all been vetted ad naseum and the supporting docs. How much "checking/approval" of the 13.1 and the 13A (#s and docs) is a (Ontario) lawyer "supposed to do"? None/cursory/exhaustive? I assume a lawyer looking to pad fees would strive for more, but looking for context from you folks re whats normal? Can't find anything when I research this topic. thanks

  • #2
    Your lawyer would still need to check to ensure accuracy and that they are presenting the correct numbers. The other side will definitely do an exhaustive search of every claim. Little trust in family court.

    This is one of the most important documents used to determine equalization, imputed incomes, hardship, child/spousal support, etc.

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    • #3
      It sounds like you are being taken for a ride by the lawyer.
      They are not experts and should default to the expert and merely check the basic form requirements are met and that they have a basic understanding of when the bottom line is. They may want to pull some documents that are not required and hurt you but that should be easy for them unless their big giant ego thinks they are accountants too.

      When Lawyers screw up they say “that is what you said to do” or “that was the information you gave me” and when they find redundant work they don’t have to check they say ‘I am required to read and verify everything to satisfaction “

      Send them a letter directing them to accept the form. Let the other side vet it for math.

      I had a lawyer say it doesn’t matter and wave their hands and I think they did so because they knew those forms don’t impact final outcome, they even left stuff out. My situation is not yours .


      You can always ask for money back later on but getting things right with the lawyer early is good.

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      • #4
        Originally posted by rconnors View Post
        Spouse and I both exchanging docs via our lawyers. My Forms 13.1 and 13A are lengthy beasts (lots of accounts from my business). The 13A seems I can sign alone (lawyer does not have to sign). I sign the 13.1 but it's witnessed by the lawyer. Question for the forum here : I worked with CDFA on the prep, so the numbers have all been vetted ad naseum and the supporting docs. How much "checking/approval" of the 13.1 and the 13A (#s and docs) is a (Ontario) lawyer "supposed to do"? None/cursory/exhaustive? I assume a lawyer looking to pad fees would strive for more, but looking for context from you folks re whats normal? Can't find anything when I research this topic. thanks
        How much time is your lawyer using to look it over? You may be assuming they are taking too much time but they could only be reviewing it. Not to mention they probably aren't reviewing the numbers but making sure the amounts/sections won't come back to haunt you. The lawyer is the one arguing for you in court, you want them to have enough knowledge of your case to defend it.

        More importantly, do you have a comprehensive retainer agreement that lays out what the lawyer will be doing, what their staff does, what the expectations are of you and how they will manage your case? If you don't have that then you need to speak to your lawyer.

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