Monday 23 July 2012

What is this going to cost?

By Michelle Guy, Vancouver Family Law Lawyer at Paine Edmonds LLP

It is rare that a lawyer will be able to give you a dependable estimate of the end cost of your family file. A survey of average costs found at this link of a contested divorce indicates that the cost can range from $6,582 to $86,644. These costs can be even higher if lawyers are involved in other issues, such as communicating between the parties over childcare issues or appealing a trial decision to the Court of Appeal. There are many factors that will change the end cost of your case, only some of which are in your control. These factors may include the complexity of the situation, the dynamics of the relationship between the parties, whether there are allegations of abuse, whether there are businesses that require detailed analysis of business records, how far apart each party’s perception of a fair result is, and whether counsel for both parties are committed to working to diffuse rather than increase conflict.

The lawyers at Paine Edmonds subscribe to a philosophy that every effort should be made to negotiate a fair resolution for the parties. It is in the client’s best interests to attempt to resolve a file with the best possible result at the lowest cost, whether by settlement offer, negotiation or mediation. Where these negotiations break down or are impossible due to the dynamics between the parties, at times it can be more cost effective in the long run to make an application to court to resolve an issue, rather than engaging in protracted negotiations with little chance at success.

Other steps you can take to keep your costs down include:

- instead of  a series of short emails or phone calls to your lawyer, save your questions for an appointment or one longer email, as each email or phone call is billed separately;

- make a checklist of items that you want to discuss with your lawyer, so that you stay focused and use your time effectively;

- leave your lawyer to handle the big-picture things, and try to handle smaller items yourself. Having your lawyer involved in passing mail, arguing over lunch choices for your child at school, or reviewing every angry text shared between you and your former spouse will increase your costs significantly;

- bring in your documentation well organized. You will need to provide documentary evidence to your lawyer, such as bank statements, tax returns, paystubbs and relevant assessments. If these documents are organized in chronological date-form and by subject area, then your lawyer will spend much less time having to go through them and organize them;

- try talking to your lawyer’s assistant before talking to your lawyer. Most firms charge a reduced rate for the assistant’s time; at Paine Edmonds we do not charge for this time. The assistants are familiar with the files and can answer many procedural questions without you having to speak with your lawyer.

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