Cost-effective methods to present information to your lawyer.

The thoughts expressed herein are my personal thoughts.

The cost of legal fees can be a significant hardship and frustration.  Undoubtedly, the frustration is amplified when the client perceives that the lawyer has misunderstood the information conveyed to the lawyer.  I hope that this blog post is helpful.

Family law lawyers generally charge by time. When the lawyer accepts your retainer, the lawyer is held to the applicable professional standards and could be liable for mistakes.

When information is presented to me in a confusing, disorganized, or overwhelming manner – the time spent to comprehend the materials is increased, which also delays my ability to consider legal strategy and to dispense advice. I am also actively attempting to avoid making mistakes, while trying to advance your case in the manner and direction that you desire.

I may also grow frustrated because I feel that I’m unable to help you until I have a sufficient grasp of the facts and understand what your case requires.

When information is presented in a piece-meal manner or out of sequence, then it takes additional time for me to discern how to insert the new information with the existing information already received.

After I have sufficient comprehension of the facts, then I am to consult the law and consider how the law applies to your case.

In addition, as a general rule, unless a type of legal privilege applies, we are required to describe the documents that we have received in a comprehensible manner that will help prove your case and make it available for inspection by the other side. This is part of the “discovery” process of a lawsuit, and it is a critical part of any lawsuit. This process can be time-consuming, and the failure to list a document may result in the document being ruled as inadmissible evidence in the lawsuit. If the process is indeed time-consuming, then this will be reflected on the legal bill.

Here are some tips to help you advance your case efficiently:  

  1. Brevity is preferred. Point form writing can be helpful.
  2. Preparing a timeline is helpful, which includes the following information:
    • the date of cohabitation
    • date of marriage
    • the date of separation
    • dates that items of significant value were purchased or sold
    • dates of starting and completing education
    • dates of starting and ending employment
    • dates that children were born
    • and started or finished school
    • dates of any relocation or changes in community
    • dates of any significant events
    • the dates when any agreement was formed, verbal or written
    • dates of receiving inheritances, injury settlements, or receiving gifts.
  3. Presenting a description of the source of funds used to purchase items of significant value, for e.g., gift from parents, inheritance, employment income, or cashing out investments.
  4. Bring copies of the following documents, which you might consider putting on a USB appropriately labelled (scans are usually sufficient and preferred):
    • Documents labelled and organized in chronological manner, and by topic is helpful.
    • If child support or child support is in dispute, then bring your tax returns and notices of assessment for at least the last 3 years. If you don’t have these documents, you may contact CRA and ask for a copy, or contact the person that helped you file your taxes.
    • If parenting is in dispute, then copies of the children’s recent report cards, and any medical diagnoses.
    • If property is in dispute, then copies of the purchase documents or sales documents; documents relating to loan agreements; documents relating to business ownership and interests; listing of the last 4 digits of the bank accounts and debts; and a description of the present value of asset or debts.
    • Sometimes the communications between the parties are relevant. In this case, the email or text communications should be in chronological manner, and should contain the entire conversation so that the segment is not taken out of context. 
    • Prepare your list of questions for the lawyer, and a list of your concerns to speak about with the lawyer.
  5. If you have the energy or have already prepared a narrative about the history of the marriage, you may consider presenting it.

I hope that I have been able to explain how the manner of presentation of information by the client will have a significant impact on the time spent by the lawyer and the consequent legal fees. I look forward to assisting you.

About Mark Chiu

(he/him)
Lawyer/Mediator – Kelowna

I have practiced law in British Columbia since 2014. I use my skills as a negotiator and trial lawyer to solve family law problems. I am also a certified Family Law Mediator.