F – Financial Disclosure

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“You get in a lot of trouble when you start putting fictitious numbers on value.”

– Warren Buffett

Almost every family law matter involves some form of financial disclosure. As I have said before: it has to be honest and it has to be complete. Failure to do it properly comes with big costs. But financial statements can be complicated and hard to understand. Making financial disclosure can be daunting.

You can hire a lawyer on a limited scope basis to prepare your financial statement and disclosure for you. This helps to ensure that it is being done properly. It gives you a solid base from which you, as a self-represented person, can build if and when you need to update your disclosure as the case moves along.

You can hire a lawyer on a legal coaching basis to explain to you what information is to be included on a financial statement, where to get that information, how best to prepare your disclosure, or how to understand the financial information you’ve received from the other party.

Either way, failing to understand how to prepare and review financial disclosure can cost you thousands of dollars.

Check back next week, ‘G’ is for …

E – Expectations

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“The quality of our expectations determines the quality of our action.”

– A. Godin

One of the biggest mistakes made by those who manage their own family law matters is having unrealistic expectations. Sometimes those expectations relate to what the law says. Sometimes those expectations relate to what can be accomplished at any given stage. Sometimes those expectations relate to the quality of their material.

When you hire a lawyer on a limited scope basis, you will get clear expectations about that specific piece. For example, if you hire a lawyer to prepare motion material for you, the lawyer will ensure that the material includes the proper forms, the evidence needed, and if the court requires it, a factum. The lawyer will also discuss offers to settle and ensure you understand the consequences associated with making and/or not accepting an offer to settle.

When you hire a lawyer on a legal coaching basis, you will have the opportunity to ask the lawyer any questions you have. Having the answers to your questions when you need them helps you to approach each step with clear expectations. For example, you may want to know what will happen at the hearing of a motion or what would be the consequences of not making and/or not accepting an offer to settle.

With your expectations set, you can determine your best course of action. Realistic expectations help you to be more successful or to be prepared to take a calculated risk.

Check back next week, ‘F’ is for …

D – Disclosure

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“Complete honesty is not the same thing as full disclosure”

– Ron Brackin

Let me be crystal clear here – when I talk about disclosure in this post, I am NOT talking about financial disclosure. There is nothing to discuss when it comes to financial disclosure in family law – it has to be made, it has to be honest, it has to be complete. Full stop.

The disclosure topic for this post is about whether you should disclose to your partner, their lawyer, the court, the mediator, or anyone else involved in your family law matter that you have hired a lawyer on a limited scope or legal coaching basis.

The only definitive answer I have is that if your partner, their lawyer, a judge or a mediator asks you whether you are getting legal help, be honest. The courts and other lawyers are generally only too happy to know that a self-represented person is getting legal assistance.

Here are some questions to consider in deciding whether you should volunteer the fact that you are getting legal assistance:

1. Will it help move your matter forward?

2. Is there a strategic reason to either disclose or not disclose?

3. Will it give your presentation more credibility?

Check back next week, ‘E’ is for …

C – Confidence

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“As is our confidence, so is our capacity.”

– William Hazlitt

Confidence builds capacity. You no doubt have tremendous confidence and ability in many areas of your life. And you may even feel confident to handle your separation or divorce without a lawyer on full retainer. But unless you are a family law lawyer, you likely lack some information or skills and that will make your confidence waver at some point.

Some people struggle with public speaking (like in a courtroom) while others love it. Some are open to the idea of mediation but feel nervous about it because they have never seen one and don’t know what to expect. Some have complete confidence in handling the parenting issues on their own but don’t feel capable of managing the financial aspects without some help.

In a limited scope retainer, a lawyer can handle the pieces that you feel you cannot manage.

In a legal coaching retainer, a lawyer can build your confidence by providing you with the information, support or practice you need to increase your capacity to self-represent.

Check back next week, ‘D’ is for …

B – Balance

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“There is no decision that we can make that doesn’t come with some sort of balance or sacrifice.”

- Simon Sinek

Divorce and separation – even when done in the most respectful way – creates change and, inevitably, some degree of chaos. Finding a way to restore some balance is key. And yes, a lawyer can help you do that.

Hiring a lawyer on a limited scope basis can help you balance your time. For example, imagine you have been served with a motion, which is going to be heard in 10 days. You know you need to prepare your response but the kids are with you this weekend and you have a big project at work that is due at the end of next week. You feel pulled in too many directions. Retaining a lawyer to prepare your responding material to you brings some balance back to your life. You can send the lawyer the necessary information and the lawyer can spend the time to put it all together for you. Some balance restored.

Hiring a lawyer for legal coaching can also help you balance competing interests. The legal coach can help give you a sense of how long things will take, when things are due, and edit your drafts. You can control how much time you spend with the legal coach and this helps to keep your wallet balanced.

The simple act of getting help restores some balance. A greater sense of balance is achieved in being able to control how much you spend and when you access the legal assistance.

Check back next week, ‘C’ is for …

A – Advice (legal)

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“Always and never are two words you should always remember never to use.”

– Wendell Johnson

Giving legal advice is at the core of what lawyers do.

Legal advice actually comes in different forms. There is advice about:

• the law itself (relevant legal principles and legal tests, the legislation that covers that area, the decisions of previous court cases, etc);

• procedure (how to do things);

• strategy;

• negotiation;

• etiquette (how to behave in court, mediation, etc);

• and so much more

When you hire a lawyer on a limited scope basis, the lawyer will provide you with the legal advice you need for that specific task or event.

When you hire a lawyer to provide legal coaching, the lawyer will provide you with the type of legal advice you need when you ask for it.

Check back next week, ‘B’ is for …

Welcome to the 'A' to 'Z's

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Most of us will need the help of a lawyer at some point in our lives. Many seek legal help at the end of a marriage or relationship. It is no secret that there are financial consequences to separation and divorce like support, property division, etc. And when children are involved, the stakes are even higher. That’s why people hire a family law lawyer - to guide them through the process and represent them in negotiation, mediation and/or court. But’s it’s the legal fees that often prevent those with family law issues from getting legal help.

The good news is that you don’t have to hire a lawyer to do everything for you – or what we, in the legal world, call a full or traditional retainer. You can get legal help in other less expensive ways.

You can hire a lawyer on a limited scope basis – which means you hire the lawyer to do a specific piece of work for you or to come to a mediation or one court appearance with you. For example, you might hire a lawyer to:

• do so some legal research; -prepare court documents;

• prepare financial documents; -run support calculations for you;

• help you figure out the equalization payment; or

• to be your representative at a motion (in court) or at a mediation.

You can also hire a lawyer to provide you with legal coaching – which means you do all the work with the lawyer helping to fill in the gaps in your knowledge. For example, you might hire a lawyer to explain to you what the law provides, what information to include in your court documents, how to prepare for a mediation, how to bring a motion in court, or how best to represent yourself at a trial.

You can represent yourself (in or out or court) and still get the assistance you need. In both the limited scope and legal coaching models, you decide when and how to get the help of a lawyer. You control your legal costs and you get the flexibility and support you need.

Join me over the next – you guessed it – 26 weeks, as I fill you in on the A to Zs of limited scope and legal coaching.

Let’s get to it – A is for …