A lawyer's role?

[mom2kids]

I filed a motion to change child support several months ago on my own. It was met with such resistance and retaliation I was forced to retain a lawyer. I knew no one who could recommend a good family lawyer, so chose as best I could. The lawyer I chose has directed me procedurally on what needs to be done and when and has carried out the tasks required. However, she refuses to actually advise me about what I should or should not accept, how she feels I should proceed, etc. For example, we have been offered a settlement, which is far below what I hoped to receive and feel our children are entitled to. I know she isn't a fortune teller, and can't guarantee an outcome, but she won't share any thoughts on how she thinks we could proceed at all. I expected that a lawyer with over 20 years of experience could offer some insight into what may or may not be gained in court. She simply lays out my options (accept it, counter it (with no guidance of what to offer), or refuse it and go back to court) - there is no "In my experience, this is what usually happens or could happen...". Am I unrealistic or should I be getting more guidance here? It seems she only wants to follow my directions without actually contributing her expertise.

[billiechic]

You are paying her for her services as well as her experience. I would tell her that if she does not provide the feedback you want that you will be looking for a new lawyer.

[mom2kids]

I'm between a rock and a hard place as I just don't have the cash to pay another retainer to a new lawyer. I asked her how often she has seen retro actually awarded and got "well it depends on the circumstances...." but never any real answers. I could have done what she's done so far myself

[billiechic]

I'm not saying to get a new lawyer, just tell her you are asking for her professional opinion and if she could lay out the chances for certain outcomes. You obviously need her input to help you make your decision. As a professional she is expected to provide this to her clients.

of course retro depends on the circumstances...you want her to evaluate the situation based on YOUR circumstances. Sounds like she is really giving you the runaround...

[logicalvelocity]

yeah...runaround, very little accomplished and deplete the retainer. Typical bureaucracy...

[squigg62]

mom2kids

document everything you have so far , meetings etc with the lawyer. If you are unsatisfied with your lawyer and feel she has done nothing for you then you may need to go to the law society of upper canada and complain. (I have done exactly this and got my retainer back)

[squigg62]

Also, look up on the law society website what a lawyers responsibility is and decide if this lawyer has followed through on those obligations.

[mummer1962]

I agree, document everything and present your case to the law society. I got money back from my lawyers firm when I presented the obvious lack of response from my lawyer to lies from ex's lawyer. She was not prepared nor directed me how to prepare.

[squigg62]

mummer and mom, I am seriously considering setting up some sort of alliance. This legal bs has to stop. Doctors are governed under canadian and provincail law how much they can make and charge. Lawyers are not (to my knowledge) governed at all. Yours and my case are not the only situations I have seen and it makes me sick to my stomach. As if a separation isn't difficult enough to go through let a lone having to deal with a law system which takes you for every penny you have left and you are only trying to maintain some sort of living according to what you accustomed to.

[selfrep]

Believe me if you have a bad feeling at this point you have the wrong lawyer. Cut and run while you can. Have the bill assessed and you will be compensated. You need to feel comfortable with the lawyer and the advise that you are receiving. I would also search the lawyer on CANLII to see what their history is with Family Law. This can be expensive but more expensive if you waste your hard earned dollars on an ineffective unscrupulous individual. I had my lawyers bill assessed and received money back.