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How do I choose the right lawyer?

You may have to talk with several lawyers before you decide on the one you want to work with. Before you start interviewing lawyers, think carefully about the questions you need answered. Make a list of all the things you want to ask the lawyer about, and write a summary of the main points that you want to tell the lawyer about your case. You might also want to visit Dial-A-Law, a legal information service operated by the BC Branch of the Canadian Bar Association. Dial-a-Law provides a series of scripts on a variety of legal issues, including "Choosing a Lawyer and Preparing for the First Interview." It is important that you choose a lawyer who is willing to give you information about all your options (not just court), and with whom you feel comfortable. Here is a checklist* you may want to use with each lawyer you interview. This lawyer:

  • Is sensitive to safety issues and power imbalance issues.
  • Sees his or her role as to explain the options but not to make choices for me.
  • Recognizes that legal issues are only one part of the separation process and is sensitive to the emotional and psychological tasks of separating.
  • Knows that when it comes to children, there is no such thing as "winning."
  • Understands that bitterness and conflict can be more damaging to the children than the separation itself.
  • Has told me that at any time during the process my former spouse and I may reach an agreement, with or without the help of our lawyers. If we do, we may draft a separation agreement and/or a consent order and bring the court process to an end.
  • Is willing to try negotiations where I don't have to be face-to-face with my former spouse.
  • Believes that attempting to resolve family disputes in the courtroom is a last resort. Only if it is not possible to reach agreement will we continue to the end of the court process and have the judge decide for us. *Reprinted from Parenting After Separation: A Handbook for Parents
Once you've chosen a lawyer, remember that your lawyer works for you. You should ask questions about anything that you don't understand. At the same time, it is just as important that your lawyer understands what you want, so don't be afraid to give your lawyer instructions.