By Emily Gore
The decision to hire a family lawyer can be a difficult one. One of the first questions to consider is, do you even need an attorney? For the most part, the answer is “yes.”
It is possible to represent yourself at court. However, the law, especially family law, can be complex. Sometimes, it is not what you know but what you failed to properly prepare for that can have a lasting impact on your future.
Think of it as an investment. Sure, you can get advice from family and friends that can be helpful. But just because you know someone who has experienced a similar family law issue as you does not guarantee the information they provide will be helpful, or even relevant, to your situation. Worse, you risk relying on inaccurate information that could be harmful to your case.
The Value of Hiring an Experienced Family Lawyer
Family lawyers have experience dealing with such legal aspects as financial matters that may be confusing or family access issues that can be complicated. They can help create legal agreements that not only protect your rights but can also stand up to scrutiny.
Lawyers have a duty to represent you ethically and effectively. It is their job to do what is in your best interest. That is why it is essential to be upfront and open with your lawyer. Failing to be truthful can be detrimental not only to your case but to your future as well.
At Demas Schaefer Family Lawyers, our team is experienced in divorce and family law litigation. We can argue your matter in court, and we are also trained collaborative lawyers and mediators. We strive to provide cost-effective and constructive solutions to your problems and will work tirelessly to ensure your rights are protected.
What to Expect When You Hire a Family Lawyer
Family law issues can be intensely personal and emotional, potentially eliciting unpredictable reactions. A lawyer strives to turn the heat down in acrimonious circumstances to find a solution to your problem. They take on your legal burden in difficult times, which can help reduce your stress and anxiety.
Not all family law matters are contentious. With the right approach, it is possible to negotiate a compromise that is agreeable to each party. However, understanding the legal system can be challenging, which is why you need professional advice.
A lawyer starts by evaluating your case, suggesting options and setting a plan in place. They will explain how the law relates to your circumstances and help ensure your expectations are realistic.
Key Areas Our Family Law Team Handles
Our team at Demas Schaefer Family Lawyers have the experience and training in a wide variety of family law matters:
- Divorce and separation
- Family property
- Parenting
- Child and spousal support
- Common-law relationships
- Adoptions
- Mediation
- Prenuptial and cohabitation agreements
The Role of a Lawyer in High-Conflict Family Law Matters
Beyond the legal acumen family lawyers provide, they are also skilled negotiators who can maintain calm during tense situations. This can enhance your chances of a successful outcome, whether it is settling a fair and balanced division of assets or determining child access arrangements.
Your Responsibilities as a Client
Lawyers in this province are governed by the Alberta Code of Professional Conduct. According to the Code, practitioners “have traditionally played a vital role in the protection and advancement of individual rights and liberties in a democratic society.” There are two fundamental principles guiding lawyers in Alberta.
“First, a lawyer is expected to establish and maintain a reputation for integrity, the most important attribute of a member of the legal profession,” the Code states. “Second, a lawyer's conduct should be above reproach.”
Attorneys are expected to act with honesty, integrity and objectivity when representing their clients. Of course, clients are also expected to act with integrity, and that starts with how they disclose information with their lawyer.
What Is Solicitor-Client Privilege?
The details you share with your attorney may be deeply personal and even embarrassing, but remember, your lawyer is there to represent you. Also, you are protected by solicitor-client privilege, which means your lawyer cannot disclose your communications without your consent, except in limited circumstances.
You may feel uncomfortable talking about certain aspects, but lying or withholding information can limit your lawyer’s effectiveness. It can do irreparable harm to your case if it can be proven that you were not honest.
Lawyers will not purposefully lie in court or present evidence they know to be fabricated or misleading because that puts their reputation and career at risk.
The Risks of Withholding Information or Lying to Your Lawyer
When it comes to family law, doing such things as telling lies or hiding assets in a divorce could lead to you being found of acting in bad faith. This goes beyond merely taking an unreasonable position.
“A finding of bad faith requires more than a pattern of sustained unreasonable litigation conduct. Bad faith is devious conduct designed to achieve an improper goal that causes harm to the other party or to the children,” Ontario Court Justice Heather McGee stated in a decision examining the issue. “The party need not intend to cause the actual harm occasioned, provided that the party acted recklessly or in a manner that should have been known would cause harm without justification.”
This case is an example of what happens when you are not truthful with the court. McGee awarded ordered a mother of two to pay court costs of $667,000 to her ex-husband after ruling her evidence in the trial was “replete with actions of bad faith” that included “a series of false allegations of physical, sexual and emotional abuse to child protection agencies, and the deliberate and sustained frightening of the boys, particularly the oldest, so that they would reject their father and resist any contact.”
How Dishonesty Can Damage Your Case—and Relationship With Your Lawyer
Lawyers need an honest and complete accounting of your issues. Presenting falsehoods told by the client can result in a loss of credibility that could cause delays or disruptions of the legal process, along with additional costs to file corrected pleadings. It can also threaten the client-solicitor relationship. In extreme cases, a lawyer may have cause to withdraw from the case.
The Importance of Financial Transparency in Divorce
When you hire a lawyer, you expect to be represented by someone who will work diligently on your behalf. In exchange, your lawyer needs all the information pertinent to your case. Your lawyer is not there to make judgments, so be open and truthful.
Making false allegations is not only wrong, but it could come back to harm you. If what you have claimed can be proven to be deceitful, it could significantly damage your case and expose you to reprisals from the court. Not only that, but if you are caught in a lie, a judge may be less inclined to believe your arguments moving forward.
It is not uncommon for some to want to hide portions of their assets when disclosing their financial position. You may well be entitled to a greater share of the accumulated property and valuables than your ex. However, in a separation or divorce, both parties deserve to be treated fairly and equitably. You must prepare a financial statement that is sworn or affirmed. It is against the law to provide information you know is untruthful or omit relevant financial details. Remember, your lawyer is working to protect all your rights, financial and otherwise. Give them a truthful account and trust them to do their job.
Talk to Us About Your Case
Trust is a two-way street. We will work tirelessly to help you reach your goals and that starts with an open and frank discussion about your issues. Whatever your circumstances, we are ready to provide all levels of service to you.
Contact us today for a free consultation.