“There are no foolish questions and no man becomes a fool until he has stopped asking questions.”
– Charles Proteus Steinmetz
Questions, questions, questions. During a separation or divorce, there are so many of them. There are the questions we ask of ourselves, the questions we have for each other, the questions we have for professionals, the questions the court forms ask, the questions a mediator asks, the questions a judge asks, the questions asked during trial (which are a very specific type of questions that change depending on who is asking and who is answering), and on and on.
When you understand the context of the questions and who is best to ask and/or answer them, you can harness their power. Think about Questioning.
Questioning is a process (in Ontario under Rule 20 of the Family Law Rules) which allows one party to question another party – or someone else – before trial, and while under oath, about information they have. There are specific rules around how and when this questioning can take place. A written transcript of the questions and answers are prepared. It can be a powerful process for getting necessary information and moving the case forward.
You can hire a lawyer on a limited scope basis to conduct Questioning on your behalf. In this way, you can be assured that the process is as effective as possible. You will work with the lawyer to provide them the information they need to prepare their questions and ensure they have a good understanding of the purpose of the Questioning.
You can hire a lawyer on a legal coaching basis to help prepare you for Questioning that you will do on your own. The legal coach can explain how to ask questions, how to organize your material, what to do when the other person refuses to answer a question, where to conduct the Questioning, how to get a copy of the transcript and what to do with it afterwards.
The results of Questioning done properly can be the difference between settlement and moving forward to trial.
Check back next week, ‘R’ is for …