A big part of the Family Law lawyer's job is to help the client know that the client has choices. Once the client understands the options available about how to work toward finalizing the issues that the client has to deal with, the client will take part in making those choices.
It is a big mistake to think that going to Court is the only option. In fact, it should likely always be the last resort because it is time consuming, expensive, cumbersome and it tends to leave scars that could have been avoided.
What Are the Other Options?
In some cases, it is possible simply by correspondence to work out all the issues and reduce them to writing in a Separation Agreement.
Many cases lend themselves to a faster route to resolution by involving a mediator or by using the Collaborative Process. The direct involvement of the client in these processes allows the client to ask the client's questions directly and get informed, speedy answers. And it allows both clients to speak with each other in the context of a professional meeting that focuses on true disclosure, full discussion of options and upon picking a resolution that is fair to everyone.
I have had many clients who have thanked me for explaining that they don't have to start the process by issuing an Application but rather that we can seek the agreement of the other side to discuss matters in a professional, controlled way - always knowing that the Court is there, if absolutely necessary.
Nobody knows the other side better than my client who has lived with the spouse for years. The client definitely should be involved in the decision making about what approach we take toward getting resolution because the client knows what the spouse will tolerate and what the spouse will not tolerate. The client will know best whether the case is one that needs the firm hand of a Judge to get finality.
So my first session with a new client is very often taken up almost entirely with my encouraging the client to ask me all the questions the client can think of about the client's choices.
