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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.


Proposal: Family Law practitioners should be formally compelled to meet and confer with the Counsel opposite early in every case.



Other - Mar 20th

67% in favour out of 18 votes

  Dawn L. Nelson, Barrister & Solicitor
   Edmonton, Alberta


"In many courts, the parties must meet at the outset of a case to discuss various matters, including:
The nature and basis of the parties' claims and defenses.
The possibility of settling or resolving the case.
Discovery issues, including:
the preservation of discoverable information; and
a discovery plan.
A meet and confer often saves the parties time and money by resolving issues, including how they will conduct discovery, early in the case.
Most courts also require parties to meet and confer before making discovery and other motions in an attempt for parties to resolve their disputes without the need for judicial intervention."
(From Thompson Reuters Practical Law Glossary)

In family law, the law is easy, it's the emotions that make it hard. As neutral professionals, we can make a lot of headway by picking up the phone to the other lawyer very early in the process and narrowing the issues before everyone becomes entrenched and positional. As a fourth mandatory prerequisite, there ought to be a form that confirms counsel have actually spoken to each other (in person or by telephone, or videoconference, not just exchange of e-mail) and have turned their mind to the five broad categories of family law legal issues (legal relationship status, parenting, child support, spousal/partner support, and division of property) and have committed to a deadline for exchange of financial disclosure.


   18 days ago
     

 view Arbitrator profile
  Moe Hannah LLP
   Calgary, Alberta


Thanks Dawn.

We should need mandatory requirements for this, but too often lawyers will not talk, they hide behind emails and letters.

Interactive communication exploring information and perspectives is where settlement can be found much more often than otherwise.

But it also means lawyers need to listen to each other, be open minded with flexible thinking and be civil.

Lawyers hide out because other lawyers are often not civil or prepared to engage productively.

This is a hard job.


   17 days ago
     

  Dawn L. Nelson, Barrister & Solicitor
   Edmonton, Alberta


This is some of the delightful correspondence that I have received on a file from "lawyer number 4" for a party who has decided every 18 months or so for the past 7 years to take my client back to court over really petty things:

Good Afternoon Ms. Nelson:

I would recommend your review the FFP information provided by the court. We are following the steps as directed. We will be filing our MIT documents shortly and you will be c.c. and served with the documents. I am not required to canvas your availability nor to I require consent to enter into the FFP process.
We will be fling our documents pursuant to the FFP protocols and they have set the timelines for us to follow.


   12 days ago
      

  Hamilton Cahoon
   Medicine Hat, Alberta


I feel some exhaustion with increasing lists of mandatory requirements for lawyers. I recognize it's a small thing to ask the lawyers who are already doing this to keep doing it so the ones who aren't fall in line, but I also can't help but feel like better mentorship and modeling for incoming new lawyers is more appropriate than this kind of paternalism.

I learned to how to appropriately interact and communicate with opposing counsel by the modeling of senior colleagues.


   15 days ago
     

  Kahane Law Office
   Edmonton, Alberta


You're absolutely right Darren. Another mandatory thing is not the answer, really. It does not solve the fundamental problem. The fundamental problem is lack of mentorship. We need good lawyers to mentor young lawyers.
It is frustrating to deal with prickly and difficult opposite counsel on family files. I've never understood why a lawyer would want to behave that way. Everything is better when you're nice.

Now that I say that, I'm wondering if I've ever been the prickly one... lol anyone can please call me out if that is the case. I always try to be collegial...


   11 days ago
     

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