Family Law Packet

Packet Index

Introduction

This packet contains a summary of the three main client topics in a matrimonial dispute; -

One's rights and obligations
The process to obtain those rights
The lawyer client relationship

I have enclosed articles that I have written entitled Custody and Access, Division of Assets, Support, The Child Support Guidelines and The Spousal Support Advisory Guidelines.

To help you understand the language and the process better I have an article on Processes in Family Law, a chart as to the many Steps in a Matrimonial Dispute that may take place in a matrimonial matter as well as Definitions of Legal Matrimonial Terms and an article on Divorce Mediation. There is a Matrimonial Information Form to show you what type of information is required from you. There is a Matrimonial Checklist for Separation Agreements, listing subjects that need to be covered in a separation agreement.

To help you to know me better and how I approach my duties I have included my Service Principles, Resumé, memo on Fees - Costs and Procedures for an Uncontested Divorce, and my article on The Client and Lawyer Relationship. I am also including my Client Preference Questionnaire, which I developed to understand an individual client better and to customize my service for each client. Enclosed is my Client Survey Contest with the Separation & Divorce Packet Survey and the Choosing a Lawyer Survey.

I have been practicing family law since 1977. As my resume indicates I have been asked to teach, write and speak to the public and to lawyers. Recently I have made the decision, though I will go to court for case and settlement conferences and argue motions, that I will not take the matter to trial (very few files ever make it to trial stage in any event). I believe that trial work is better left to those who do a lot of it. There are are two lawyers in my office who do matrimonial trial work and if the matter goes to trial I will work with them or another appropriate lawyer to take the matter to trial. Everyone's resources are limited and I would rather build on my expertise of trying to settle a matter. I try to be unique, innovative and client oriented. This packet is an illustration of all three of those qualities. I use the same approach when representing a client. A major component of my service is the Family Law Client Manual.

About the Family Law Client Manual

Creating a good lawyer-client working relationship is extremely important. A good rapport between lawyer and client makes it easier for the client to handle the emotional strain that matrimonial breakdowns may cause. A good relationship also produces better results as the lawyer needs the client's help to represent him or her more effectively. The Family Law Client Manual contains government pamphlets and articles that I have written including subjects of a very practical nature. There is information about preparing the financial statements (with a detailed example) and affidavits, lawyers’ fees, and the many activities in the matrimonial legal process. These articles repeat and supplement the discussions in consultations. There is so much information for the client to absorb that it is helpful to have information in writing. Another purpose of the manual is to help organize my clients by holding, in a convenient and easily accessible location, all the important letters and documentation. I ensure that my clients obtain copies of all relevant material. The manual is indexed and separated by dividers.

Fees

My fees are based on the time spent on a file. My hourly rate is $325 an hour (plus HST). I try to estimate the costs of the various stages in the process. An article on legal fees in the manual discusses this subject in greater detail. An initial retainer is generally $1,000.00 which covers four hours of work. At the first consultation if I am retained I generally get either a $1,000 retainer or a signed credit card authorization to charge the client's credit card once I render an account. A file is not opened nor work performed without receiving a retainer. Once the initial retainer is used further advances are requested.

I would remind you that the articles and publications are for general information and are not intended to be a substitute for legal advice. If I can be of further assistance please call me or my staff for an appointment.

LAWRENCE S. PASCOE