Choosing a lawyer for an assisted divorce

[mpolo]

Hi all,

This is my first post on the board. I'll ask my question first then put a mini-bio about my situation for context.

I'm looking to retain a lawyer, but I would really like to find one that allows me to take care of some of the more basic tasks to avoid the racking up of hours billed (things like communication, etc). I certainly don't want to do it all myself, but if I could find a sweet sport between turnkey and DIY, that would be ideal.

How realistic is that? I did talk to one lawyer about it and he stonewalled saying that he wasn't sure about how that affects his liability insurance. Is it just a matter of asking enough lawyers, or am I wasting my time here?

Thanks,

Mike

I'm a father of two, married for 7 years now. I'm currently living at a relatives (5 months now) trying to move forward with the separation agreement and get some of my income for myself without having it turn into an all out lawyer war (which I'm starting to see is a pipe-dream).

[Looking4Answers]

What do you mean by a Consisted Divorce?
A divorce on consent?

[HammerDad]

Where are you located?

[Mess]

I would suggest you read as much as possible about family law first. A good start is "Surviving your Divorce" by Cochrane, written by a Toronto divorce lawyer.

Do as much research on this board as you can, and ask as many questions as you want.

There is workbook with a cd full of printable forms for doing your own separation agreement available at most bookstores and Staples. This is just the basics but it will give you a structure to work from. Start with this and especially start working your own financial disclosure. Look at things like the support tables if they apply.

Do the homework first, then find as many divorce lawyers in your area as you can. Call around, tell them you want an initial consultation. Usually the first hour, or at least half hour is free. Have your info organized in a binder with a list of questions. As you go from lawyer to lawyer keep track of your questions and get new ones ready.

In Ontario in any courthouse that handles family law cases you can access the FLIC (Family Law Information Centre) and get a consult with a lawyer there. Get there early and have your questions ready. There will also be a duty counsel who will only answer questions about forms and filing applications and such, not give general legal advice. So go to FLIC for advice about your situation and to duty counsel to explain forms.

Between all of this you should be 90% of the way to doing it yourself at no cost other than the books (you can probably find the books in the library actually.) When you reach the point you get stuck, go to the lawyer then, have all of your paperwork done already, don't let him do things over unnecessarily (they will probably want to redo your financial disclosure, for example, just say no.) You will be better prepared to control your file and not let the lawyer go nuts with make-work.

[beebie]

You can retain a lawyer on a limited retainer. He or she can help you prepare docs without going into court. As long as it is carefully outlined in retainer letter I have heard of this.

[mpolo]

L4A: I didn't mean consisted or no-contest, but rather just some way of using a lawyer so that they don't do all the work themselves. Thanks for the response.

HammerDad: I'm in Toronto. I'm guessing your're in Hamilton? My family is not to far away from there. Good to hear from you.

Mess: Thanks for the directed advice. It really is appreciated. Given that some of the hourly quotes I've been given have rocked my socks off, I'm happy to see there might be a way out of this and still keep our shirts on. (And I'm not being naive, I know the divorce still won't be cheap or easy, but from what I read on here already, it looks like unless you keep things in check, they spin out of control really quickly).

Thanks again all.

[mpolo]

You can retain a lawyer on a limited retainer. He or she can help you prepare docs without going into court. As long as it is carefully outlined in retainer letter I have heard of this.

I'm guessing no lawyer would want to go into court unless he did all the work in house right? Maybe I could pay him just to stand by me and advise me on when to object....

Man I wish I had a close friend who was a lawyer.

[WorkingDAD]

I'm guessing no lawyer would want to go into court unless he did all the work in house right? Maybe I could pay him just to stand by me and advise me on when to object....

Man I wish I had a close friend who was a lawyer.

well
I was trying to find one who would help me with paperwork preparation to the trial (telling what to do giving some examples). Basically answering the question, review what I did , pointing in right direction - no luck.

[Mess]

I haven't used Gene Colman but came across his site some time ago and he was on my list of possibilities. He has a service available for self-rep.

Are you representing yourself in court?

Many people simply cannot afford full-time legal representation in family law cases, but there is help out there.
There are parental support groups where those who have represented themselves in court in the past are more than willing to help the novice. If you are self-represented, you should take full advantage of such resources, but in order to make a persuasive submission to a judge, you need more than tips and encouragement from those who have gone before.
Family law becomes more complex every year. Knowing the facts of your case is only part of the picture – you need to know the law as well. You can read statutes and case law online, but without proper training, you may not fully appreciate the significance of what you are reading, nor will you have comprehensive access to the law of Ontario.
I can help. If you cannot afford to hire me full-time (or choose not to), I can provide you with a legal memorandum tailored to your fact situation. You provide the facts; Colman provides the law.
I have over thirty years of solid family law experience including court experience, legal research and publication of many popular and scholarly articles. A legal memorandum from me can help to give you an 'edge' that just might make the difference.
What is a legal memorandum?

A legal memorandum is a summary of the law that is relevant to your situation. It includes statutes (like the Divorce Act), regulations (like the Child Support Guidelines) and case law (including copies of the relevant cases). A legal memorandum directs the judge's attention to the relevant law in a given case.
A legal memorandum does not discuss the facts of the case to any great extent. Certainly, a legal memorandum cannot take the place of having a lawyer.
How do I get a legal memorandum?

If you would like me to prepare a legal memorandum for you, then follow the steps below:

1. Prepare an outline of the facts and issues in your case. Use numbered points wherever possible.
2. Send your outline to Gene C. Colman by mail, courier or e-mail. (Please do not phone or fax at this initial stage). Provide a cover letter that states:
   1. you would like Colman to consider preparing a legal memorandum;
   2. your case is being considered in Canada;
   3. you do not have a lawyer. (Or if you do, that you have checked with him/her before contacting me); and,
   4. how you would like to be contacted (phone, e-mail, fax, letter).

I will then contact you with a price quotation. Once you have received the quotation, you choose whether or not to proceed further.
What kinds of cases will be considered?

I provide memoranda dealing with:

• any family law issue in any family law case in Ontario;
• if your case is a Canadian case outside of Ontario, any issue that arises under the Divorce Act (including the Federal Child Support Guidelines);
• any family law issue before the Supreme Court of Canada.

IMPORTANT NOTICE: By providing a legal memorandum, Gene C. Colman is not providing legal advice and does not become the lawyer for the person requesting the legal memorandum.

[WorkingDAD]

I haven't used Gene Colman but came across his site some time ago and he was on my list of possibilities. He has a service available for self-rep.

I called him Mess. Initial Consultation $1000 (about two hours). $500/hour. Travel expenses $250/hour. for initial consultation you have to bring whole file to him.

Problem for me thou not only out of pocket $1000 (actually out of line of credit not pocket) but also confidence that thous money will not go to drain like with my previous lawyer

And he is in Toronto. at least 1 hour drive for me..

[Mess]

I mean the legal memorandum where you mail your details and he mails you the legal references you need.

[LakeErie]

I mean the legal memorandum where you mail your details and he mails you the legal references you need.

How much would they charge for preparing the Legal Memorandum? Have you checked by any chance?

[WorkingDAD]

How much would they charge for preparing the Legal Memorandum? Have you checked by any chance?

I did not. You can call and ask and tell us

[Mess]

The information I posted from his website says that you send the details of your case and he will respond with a written quote for a price for the memorandum.

[WorkingDAD]

The information I posted from his website says that you send the details of your case and he will respond with a written quote for a price for the memorandum.

yea
I wrote to him asking about price. I did not put all facts ... I am not sure I can even fit it on his contact form...

I will let you know guys how that will turn out.