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Save Time and Money For Your First Appointment

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How well you prepare for your first appointment with your family law lawyer in BC will set the tone for a quality legal relationship - whether it is with the first lawyer you meet or you conduct some due diligence before you commit.

Not all divorce lawyers are the same, but when choosing your divorce lawyer you want to make sure they are organised, that the intake process is smooth, and that when you are sitting with them the first time, they get right to it, advising you on all matters important to your unique circumstances. 

An excellent clue as to whether a lawyer is on the ball is whether they provide you with information requests BEFORE the meeting.  Generally you would expect that they would.

We have provided an in-depth pre-divorce checklist to start working on.  It is unlikely that any lawyer would ask you for all this prior to the first appointment.  However, time can sometimes be of the essence so we recommend that you review and start the action steps in our pre-divorce checklist  at the earliest opportunity.  It also means that if you are asked for a particular item, or you need to confirm what your soon-to-be ex spouse is saying, you will have it, ready!

The following list of items give you some items to take into account prior to the first appointment, that may not be on their list

First things first

Divorce attorneys have an intake system that should always start with a conflict check.

A conflict check ensures that nobody in their office has been consulted by your ex-spouse. Lawyers cannot obtain confidential information from two opposing parties in a family law matter. If they are going to act as your lawyer and give you legal advice, they can only do it for one of you, not both.

They are required to give you undivided loyalty. 

For example, at Pathway Legal, we communicate to our potential clients that we require certain information before the first appointment with a divorce lawyer. In fact, our Law Society (Bar) requires that we obtain two pieces of identification prior to meeting with a potential client. 

Also, because we know our clients are investing funds into meeting with us, we do not want to waste your time or money, by obtaining basic facts about you, such as your birthdates, your relationship dates, the names and birth dates of your children, etc.

If you are in your first appointment with a divorce lawyer and they are wasting valuable time (and your money) by writing out the names of your kids, and collecting other very basic information, details that could have been collected easily and before your appointment, you will likely find it very frustrating. And, so you should.

When you are paying hundreds of dollars per hour, you want to make sure the money is being well spent.

At Pathway Legal, we do not want to overwhelm our potential clients by having them fill out a ton of forms, but we do want a snapshot of information that will help us advise them from the very start of our first meeting. 

The better prepared for your first appointment with a divorce lawyer, the more productive it will be

VIDEO: PREPARING FOR YOUR FIRST APPOINTMENT

How to save time and money at your first appointment

#1 The Fee Arrangement

Before diving into your first appointment with a divorce lawyer, make sure you have a crystal clear understanding of whether or not you will be paying for that first appointment and, if so, how much that investment will be. 

Here are some structures of first appointments with a divorce lawyer and what you are expected to pay:

  • Some divorce lawyers offer 20 to 30 minutes free.
  • Some divorce lawyers offer 20 to 30 minutes with “no obligation”. That means that after 20 or 30 minutes, the person can decide not to hire the lawyer, but if they go over the time allotted they are charged. Also, if they retain the lawyer, they pay for the initial time as well. 
  • Some of the best divorce lawyers charge for their time but at a reduced hourly rate, while others, (like in Pathway Legal), simply charge for the actual time spent. 

Make sure you have clarity about this in advance.

If the lawyer does charge you for their first visit, they will either have you pay when the first appointment completes, or they will have collected the fee in advance of the appointment and put it into their trust account until after your appointment, at which time they send you a bill and collect the funds from their trust account. 

All lawyers will take cash and cheques, and most now will also take credit cards.

#2 Your Basic Information

We cover the importance of gathering full information as you get ready for divorce, with our full checklist.

However, for your first appointment with a divorce lawyer they will most likely have supplied you with a complete list of items and information to bring with you, or supply in advance. They may request other items but at least, make sure you have ready basic information such as:

  • your address, occupation, annual income, and date of birth
  • your spouse's full name, address, occupation, annual income, and date of birth. Bring a photo in case he or she needs to be served documents.
  • the date each of you began living in your province, state or country
  • your citizenships
  • the date the two of you started to live together in a spousal-like relationship
  • if you're married, the date of your marriage and the name of the city or town where you got married
  • the date of your separation, if you're separated
  • If you are separated but still live in the same house, let them know that too
  • the full names and birthdates of your kids, if any. Bring photos so the lawyer can "see" and know who they are. 🥰
  • whether you and your spouse have signed any prenuptial or other agreements.
  • whether there are any written offers back and forth, or documented agreements.
  • whether there are any existing legal orders. 

Your first appointment with a divorce lawyer is important. You want to be as prepared as possible so your lawyer can help you as much as possible.

#3 Your Financial Picture

For your first appointment with a divorce lawyer, make sure you have ready and on hand (or have emailed) your basic financial information.

MOST of the time, you do not need everything for your first appointment with your divorce lawyer. However, your lawyer will be able to serve you better if they have this information at their fingertips and you get it to them sooner rather than later.

  • The approximate balance of all your financial accounts, including savings, RRSP (401k), investment accounts, and the names of the financial institutions holding the accounts, don’t just send them a ton of statements. Provide both the balances and the statements.
  • the balances of any loans and lines of credit,
  • the full details about any personal and family debts,
  • basic information about any stock or bond portfolios,
  • If you have crypto, what kind, the location and the amount,
  • whether either of you has a pension and, if so, the name of the pension plan (if you have a pension, the most recent pension plan statement)
  • the addresses of any real estate either of you might own and information about how those properties are owned,
  • the approximate market value of any real estate and the amount of any mortgages, and
  • the full details about any other significant assets or debt.  You can view a fuller financial list list on this page.

#4 The Reasons Why 

At your first appointment with your divorce lawyer, are you prepared to share at least the basic reasons why your relationship is ending?

The reasons why your relationship is coming to an end might not necessarily have legal consequences. Still, it will assist your lawyer in getting the context of your separation and a better understanding of your circumstances. 

#5 Any Personal Risks?

For your first appointment with a divorce lawyer, make sure you are prepared to talk about the tough stuff.

What do I mean by that?

You will want to tell your lawyer if there is anything currently significant on the horizon for you and your changing family that they should know about. So, for example, your lawyer will want to know if:

  • Any of your kids are struggling either with the divorce or other issues
  • The family is under stress associated with other factors like financial challenges or job loss
  • There are drug or other addiction challenges that your lawyer should know about
  • There is a family member with mental health challenges
  • There are safety concerns, including a history of family violence.

Your lawyer will want to know about any family violence issues and knowing the context will assist him or her in helping you negotiate.

While you can’t be too careful, some lawyers believe that if there has been family violence, particularly where there is coercive controlling violence, mediation is not a method that should be used to resolve your matter. I wholeheartedly disagree.

You will be in good hands as long as your lawyer and the appointed mediator are familiar with family violence concerns, including coercive controlling family violence.

Why not resolve your matter within a day or two of negotiating instead of months (or even years!) of protracted litigation? Something to think about.

Val Hemminger