Dear readers
Just got sent this info from Gary Direnfield who is a Canadian writer with Hamilton Spectator, a Canadian newspaper. I thought the article was very relevant and decided to repost it.
Direnfeld: Lawyer will set the tone for divorce discussions
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Q: I just separated and I
am furious with my ex and I am worried about how we are going to care
for the kids. I met with a few lawyers, but I am having trouble picking
one I should work with. Do you have any suggestions?
A: The lawyer you chose will likely set the tone and direction for your entire settlement process.
Choosing a lawyer who will only channel your
upset into that settlement process will likely escalate conflict and
prolong settlement. The higher the conflict and longer the settlement
process, the greater the costs, financially and emotionally. The
likelihood of continuing a reasonable co-parenting relationship will
also be diminished as the residual anger will live on way past any
settlement achieved.
In choosing a lawyer, you want someone
familiar with the issues you are grappling with; someone who maintains a
practice committed to family law; and most importantly, someone who
won't tell you what you want to hear, but what you need to know.
If your lawyer only strokes your ego, seeks
to appease you and act as your mouthpiece, then you may have one that
will inadvertently ratchet up the very conflict that prompted your
separation in the first place.
Further, if your lawyer is ready to jump to
action only on the basis of your account of issues, then too, your
conflict may be inadvertently escalated.
Find a lawyer who appears reasonable,
listens closely, yet seeks to understand what may be prompting the
issues on the other side and also looks to understand your own
contribution to distress. After that, consider the lawyer who supports
nonlitigious strategies to achieve settlement. These include mediation,
collaborative law and lawyer-assisted negotiation. Your lawyer should be
able to explain the differences in these approaches and if your lawyer
cannot or appears dismissive of them, move on.
Remember, your lawyer is not your therapist.
Do not work out your anger with your ex through the legal process, but
attend counselling if that is an issue. You want your lawyer to remain
reasonable and help you focus on peaceful resolution even if addressing
challenging issues.