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Where can I find a lawyer to help with my family law issue?
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Where can I find a lawyer to help with my family law issue?
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Where can I find a lawyer to help with my family law issue?
Reviewed:
July 31, 2017
Answer
You don't have to hire a lawyer to help you with your family law issues. But, a lawyer can help you understand your legal rights and responsibilities, and the options you have.
Responsibilities are what the law says you have to do after you separate or divorce and rights are what the law says you can get.
Lawyers can give legal advice. This means they can explain what the law says and how it applies to your specific legal problem. They can also:
- Give you advice on things like the rules you must follow to make your separation agreement legal.
- Explain the different ways you can resolve your issues.
- Represent you in court.
Sometimes a lawyer is also called an attorney, barrister, or solicitor.
After you separate, you and your partner should never have the same lawyer. This is because you and your partner have different rights and responsibilities and your lawyer should be working in your interests only.
If you have a low income, you may be able to get help from Legal Aid Ontario (LAO). This may include getting a legal aid certificate if you meet LAO’s financial eligibility rules and your legal issue is one that LAO covers.
A paralegal is another type of legal professional that can give legal advice in certain areas, but they can't do everything a lawyer can do. They cannot help with family law issues.
In Ontario, the Law Society of Ontario regulates lawyers and paralegals. This means they:
- have rules about who can become a lawyer or paralegal
- have rules about how lawyers and paralegals must behave professionally
- deal with complaints about lawyers and paralegals
If you can't afford to hire a lawyer for your whole case, you can still speak with one for general advice. Some lawyers also provide "unbundled" or "limited scope" services. This means you pay them to help you with part of your case.
If you can't afford to hire a lawyer, you may be able to find legal help in other places.
1. Think about what you need
Think about the type of lawyer you want to work with. For example, do they:
- have experience dealing with cases like yours
- can work with a disability you have
- speak a language you understand or can help you find an interpreter
- accepts a legal aid certificate, if you have one or are eligible for one
Think about where the lawyer is located. You may need to meet with them or give them important documents many times. For this reason, you may prefer a lawyer who is close to your home or workplace.
Make a list of a few lawyers to contact. You may need to call a few lawyers before finding one that will take your case and you’re comfortable with.
Unbundled services
Some lawyers provide "unbundled" or "limited scope retainer" services. This means you hire them to help with a certain part of your legal problem only. Unbundled services can also be called limited scope services, unbundled legal services, or legal coaching.
Unbundled services can include one or more of:
- Legal advice: meeting with a lawyer to get advice on what your legal options are
- Preparing documents: a lawyer prepares your documents, for example, a court application or a separation agreement
- Appearances: a lawyer represents you in legal situations, for example, at a court hearing, or at a case conference
- Coaching: a lawyer guides you through the court process, or explains how to submit evidence
This option is useful if you can’t afford to hire a lawyer to help with the whole legal problem. Or for example, if you hired a lawyer to help with your problem, but now don’t have enough money left to keep paying them.
Lawyers who offer unbundled services usually charge a flat fee. You may have to pay this fee before they help you. Usually you don’t have to pay any other deposit or retainer.
Some lawyers have websites that say if they offer unbundled services. Others do not, but if you ask them, they may be willing to offer it to you. The National Self-Represented Litigants Project website also has a directory of lawyers that offer unbundled services.
Reviewed:
July 2017
2. Find a lawyer
Here are some ways to find a lawyer:
Law Society Referral Service
The Law Society of Ontario has a Law Society Referral Service. This online service gives you the name of a lawyer in your area who can talk to you for up to 30 minutes for free. You can ask for a lawyer who speaks your language, or a lawyer who accepts legal aid certificates.
If you're unable to use the online service, you can call the Law Society of Ontario crisis line at 1-855-947-5255 or 416-947-5255 in Toronto. For example, you can call this number if you're in a shelter or in a remote community without access to the internet. The crisis line is available from Monday to Friday, 9:00 a.m. to 5:00 p.m.
You don't have to hire the lawyer you get referred to. But you can't ask for a second referral for the same legal problem.
Law Society of Ontario Directory
The Law Society of Ontario has a Directory of all lawyers licensed to practise law in Ontario. You can search the directory by name, city, or postal code.
The Law Society also has a Directory of Certified Specialists that lists lawyers by area of law. But not all lawyers who specialize in family law are listed this directory. It only lists lawyers who have applied to be included in the directory and who meet certain requirements.
Legal Aid Ontario
Legal Aid Ontario (LAO) provides legal services to people in Ontario with very low incomes. You can use their interactive tool to search for a lawyer by location, area of law, or language spoken.
JusticeNet
JusticeNet is a not-for-profit organization that helps people access legal services when their income is too high to qualify for legal aid but too low to afford legal fees. If your net family income is less than $59,000, they will refer you to a directory of lawyers and mediators who provide help at reduced rates depending on income.
You must register and pay a $25 fee to use the website. This fee may be returned to you if you do not find a professional to work with.
Family and friends
You can ask family and friends for the name of a lawyer they have used. If you do this, remember that everyone's case is different. Just because a lawyer was good for your family or friend doesn't mean they are right for you.
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Law Society of Ontario
Reviewed:
July 2017
3. Talk to the lawyer
You may need to call a few lawyers before finding one that will take your case and you're comfortable with.
When you meet with a lawyer or talk to them on the phone, remember that you're also interviewing them. They are not just getting information about you. You're deciding if you want to hire them to help you with your legal problem.
Ask about:
- their experience in family law cases
- how they would handle your case
- how the law affects your situation
- your options
- how long they think your case will take
- what you should do next
- community services you can contact for information or help
The lawyer may not be able to answer all your questions right away. For example, they may need time to review documents.
Find out what the lawyer’s fees are. Ask about:
- their hourly rate
- how much your case will likely cost
- how often they will bill you for their services
- what could cause the cost to increase
- how can you lower the cost
- if they will work with you to establish a payment plan
- how much money you need to deposit before they begin work on your case
Tell the lawyer about any needs or concerns you have like:
- accommodation for disabilities
- finding an interpreter
- safety concerns, for example, you've experienced domestic violence
- immigration concerns
Based on your conversation, decide if you want this person to be your lawyer. They should be someone you can work with and trust.
Generally, all the conversations you have with your lawyer are confidential, even if you decide not to hire them. This means your lawyer can't talk to others about what you have said without your permission. This includes talking to your partner. But, there may be exceptions where the safety of your child is an issue.
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4. Meet with your lawyer
After you hire a lawyer, you will have to talk to them about your case in more detail. If you have an emergency, you may want to do this over the phone so that it happens as soon as possible.
The lawyer will ask about your situation to get a better understanding of the facts of your case. Write some notes about your legal problem before you meet. This will help you remember details.
Be ready to provide details about you, your family, and your story. Most family law lawyers will ask for your date of birth, your partner's date of birth, when you and your partner started living together, and names and dates of birth of any children.
You should also:
- make a list of questions you have
- think of what solutions you would like
- bring your Legal Aid Certificate, if you have one
Be clear with your lawyer about how you want your issues resolved. Ask your lawyer if they think what you want is realistic. You may have to change what you want based on their advice.
Bring copies of important paperwork with you. Make sure you keep copies for yourself. These may include copies of:
- any written agreements that you and your partner made
- any court documents that you received or prepared
- your last pay stub
- financial documents that show you and your partner's assets and debts, like property, credit cards, lines of credit, mortgages, bank accounts, and investments
- income tax returns, notices of assessment, and any notices of reassessment for the past three years for you and you partner
Lawyers must check that you are who you say you are. When you meet with the lawyer, you must show them photo identification, such as your driver's license, passport, or permanent resident card to prove your identity.
Generally, all the conversations you have with your lawyer are confidential, even if you decide not to hire them. This means your lawyer can't talk to others about what you have said without your permission. This includes talking to your partner. But, there may be exceptions where the safety of your child is an issue.
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Reviewed:
July 2017
5. Sign your retainer agreement and pay a deposit
When you hire a lawyer they usually ask you to sign a retainer agreement. A retainer agreement is a written document that says what you're hiring the lawyer to do and how you're charged for the lawyer's services.
You can hire a lawyer to represent you on all issues resulting from your separation or divorce. If you only want help for a part of your case you have to hire a lawyer who offers "unbundled" or "limited scope" services.
A retainer agreement may also include other details like:
- how you will communicate with each other
- if and how you are charged for emails and telephone calls
- when you will be charged for services
Ask about anything you're not sure about or don't understand. And, get a copy of your retainer agreement for your records.
Fees
Lawyers usually charge an hourly rate. They may also have other people helping them on your file who charge a different rate. For example, they may rely on another lawyer, paralegal, or a law clerk for help with your case.
The retainer agreement should have these details. It should also say if there are fixed fees for specific tasks like a half-day or daily rate for going to court.
Lawyers usually also charge for other expenses, such as photocopies and court filing fees. These are called disbursements. You should check what the retainer agreement says about these types of fees.
Your retainer agreement should tell you how much these fees are. Your lawyer should be able to give you an estimate of the fee and disbursements. You can ask your lawyer to put this estimate in writing and to get in touch with you if something happens to change the estimate.
Pay a deposit
Lawyers usually ask for a deposit before they agree to start work on a case. This is sometimes also called a retainer.
If your lawyer asks for a retainer, you can ask:
- how much work the retainer will likely cover
- if they would agree on a payment plan if you're not able to pay all of the deposit at once
Get a receipt to show the amount that you paid. If the total cost of your legal work is less than the retainer, you should get the unused portion back.
Legal Aid certificates
If you have a legal aid certificate, this means that Legal Aid Ontario (LAO) pays a lawyer to work for you.
If your lawyer accepts your certificate, you should not have to pay a deposit. You should also not pay any money directly to the lawyer who accepts your certificate. Your legal aid certificate is meant to cover the entire cost of your matter. If you need more time, your lawyer can ask LAO for more hours.
In some cases, you may need to sign a "contribution agreement". This is an agreement between you and LAO where you agree to pay back LAO some money based on your income.
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Reviewed:
July 2017