What changes should be made to family law?
These proposals let family law lawyers discuss and vote on what changes they think should be made to the law or court procedures. The results can be viewed and shared with legislators and the Courts. The proposals put forth are written by member lawyers, and do not necessarily reflect the views of this website or its administrators. You can view more proposals or make a proposal yourself.
95% in favour out of 20 votes
Queck & Associates
Sherwood Park, Alberta
Mr. Dustin Tkachuk recently raised a good point on a discussion board.1 7 months ago
Many of us perhaps turn down files based solely on who the other lawyer is and the potential impact on mental health.
The general observation I have is this. If a lawyer is breaching code of conduct issues in a non-financial way, the law society is slow to act, and also actively encourages raising matters only when a matter is completed to “avoid a sideshow”.
There is not really any good mechanism to address lawyer conduct in the courts. A court’s test to remove a lawyer isn’t whether that lawyer is causing you distress.
I don’t have a solution, but some brainstorming can happen.
-like PAS should lawyers be required to file something about their commitment to behaviour at the outset of a file?
- should their be an automatic application process where both lawyers are removed from a file if they are unable to work together, regardless of the cause?
-or maybe a process where you can “review a play” like in hockey. A process where you can “tax” a lawyer’s behaviour on a file. If you succeed, there is something granted to you, like costs payable by the lawyer. If you lose, you pay.
-mandatory litigation plans filed at the outset of a file?