Basic Service Terms
Updated: November 17, 2021
Identification
Lawyers are required by the Law Society of British Columbia to follow client identification and verification procedures when retained by a client to provide legal services.
Before I begin work on your behalf, I will require information from you concerning your identity.
Before I begin work on your behalf, I will require information from you concerning your identity.
Time
It can take several years or more for family law matters to be settled by trial or agreement. Factors which determine the time required may include: your spouse’s or co-parent’s frankness and cooperation in disclosing information and producing supporting documentation; the need for appraisals of property including real estate, businesses, and pensions; the number of interim and/or urgent applications made; the number and complexity of issues involved; the degree of hostility between you and your spouse or co-parent; the wait for an available court date and the possibility that the court may postpone your case to a later date; and, the availability of legal counsel and/or witnesses. I may have little or no ability to assist you with an early resolution of your legal matters, depending on the cause of the delay. I will keep you fully informed of all events as they develop in your case, but there may be periods of unavoidable delay. I will do what I can to minimize this problem.
Your role as client
You agree to do your best to give me all the facts and to be totally honest with me. The information that you provide to me is confidential and privileged and will only be disclosed if required. I can only do my best job if I have your trust and am fully informed. You must provide me with any documentation, evidence, or information that I request or complete any documentation that I ask you to complete in a timely manner. If you require my help, then you can email me to ask for assistance.
In particular, I ask you to give me all information you have, or have access to, which could help me in working on your case. If your case involves the division of family property and debts, then please begin writing down a list of all your property and debts and gather current your income and expense information and provide this to me as soon as possible.
Within fifteen (15) days of signing this Agreement, you agree to provide me with proof of your past three (3) months of income or pay slips or statements and online access to your CRA account or copies of your three most recent income tax returns with the related notices of assessment and reassessment. You must ensure that all your tax filings are complete and correct, that you have online access to your CRA account, and that your information is up to date with the CRA. If you cannot do so, then you must provide an explanation in writing to me by email within fifteen (15) days of signing this Agreement.
Within twenty (20) days of signing this Agreement, you agree to provide me with a completed draft financial statement which includes your monthly income and expenses. If the form has not been provided to you within one (1) day, then you agree to send an email requesting a copy of the form to me. If you cannot do so, then you must provide an explanation in writing to me by email within fifteen (15) days of signing this Agreement.
Within forty-five (45) days of signing this Agreement, you agree to provide me with your most recent BC Assessment Authority Notice, if any real estate is owned in whole or in part by either you or your spouse or co-parent, or a detailed explanation as to why you cannot provide this to me in writing by email.
If your or your spouse’s or co-parent’s property or financial circumstances change, then please inform me immediately by email.
If your relationship or marital difficulties include problems of harassment or abuse by your spouse or co-parent, then please keep a daily written record of such problems and provide me with a copy monthly.
Failure to take the actions listed above may result in me withdrawing as your lawyer without prior notice to you.
For more information on working with me, your family lawyer, please see: https://www.lawsociety.bc.ca/working-with-lawyers/.
In particular, I ask you to give me all information you have, or have access to, which could help me in working on your case. If your case involves the division of family property and debts, then please begin writing down a list of all your property and debts and gather current your income and expense information and provide this to me as soon as possible.
Within fifteen (15) days of signing this Agreement, you agree to provide me with proof of your past three (3) months of income or pay slips or statements and online access to your CRA account or copies of your three most recent income tax returns with the related notices of assessment and reassessment. You must ensure that all your tax filings are complete and correct, that you have online access to your CRA account, and that your information is up to date with the CRA. If you cannot do so, then you must provide an explanation in writing to me by email within fifteen (15) days of signing this Agreement.
Within twenty (20) days of signing this Agreement, you agree to provide me with a completed draft financial statement which includes your monthly income and expenses. If the form has not been provided to you within one (1) day, then you agree to send an email requesting a copy of the form to me. If you cannot do so, then you must provide an explanation in writing to me by email within fifteen (15) days of signing this Agreement.
Within forty-five (45) days of signing this Agreement, you agree to provide me with your most recent BC Assessment Authority Notice, if any real estate is owned in whole or in part by either you or your spouse or co-parent, or a detailed explanation as to why you cannot provide this to me in writing by email.
If your or your spouse’s or co-parent’s property or financial circumstances change, then please inform me immediately by email.
If your relationship or marital difficulties include problems of harassment or abuse by your spouse or co-parent, then please keep a daily written record of such problems and provide me with a copy monthly.
Failure to take the actions listed above may result in me withdrawing as your lawyer without prior notice to you.
For more information on working with me, your family lawyer, please see: https://www.lawsociety.bc.ca/working-with-lawyers/.
Documentation and other physical evidence
The courts use the best evidence rule. This means that you should retain the original paper or electronic documentation or other physical evidence that you wish to rely on for use in court. When you provide me with documentation or other physical evidence, I will scan it electronically into my system and then return it promptly to you.
With respect to documentation shared by you with me, you agree to:
Electronic copies of documentation allow me, opposing counsel, and the courts to more easily work with the information related to your case. If your case proceeds to trial or hearing, then you must ensure that you bring all original documentation or other evidence with you. The judge may wish to examine the original documentation or other evidence.
With respect to documentation shared by you with me, you agree to:
- provide me with, or allow me to make, high-quality copies of documents;
- provide me copies of documents in a pdf or paper format only, unless I specifically request or agree to accept other formats in writing;
- redact any important personal private or confidential information, unless I specifically agree to do so in writing, like a personal health or social insurance number, by whiting or blacking it out;
- redact electronically or on a copy of a document that you provide to me and not on the original as you may change your mind or be ordered by the court to disclose this information later; and,
- take full responsibility for the information contained within documents and understand that they will be disclosed directly to other parties without alteration or redaction; and,
- retain the original or the best available copy of all documents.
Electronic copies of documentation allow me, opposing counsel, and the courts to more easily work with the information related to your case. If your case proceeds to trial or hearing, then you must ensure that you bring all original documentation or other evidence with you. The judge may wish to examine the original documentation or other evidence.
Legal services not covered
If your case goes to trial and either you or your spouse or co-parent is unhappy with the court’s decision, then in most cases you or your spouse or co-parent can apply to appeal the decision of the court to get a higher court to change that decision. I will tell you what I think the likely outcome of an appeal would be, but this contract does not cover the work that would be involved in such an appeal. If you want me to be your lawyer for an appeal, then I will ask you to sign another agreement to cover those new legal services and fees.
Unless I specifically state so in writing, I have not agreed to give you legal advice or provide legal services to you for any other matter(s). With respect to any other legal issues, I advise you to consult with a lawyer that practices in that area. You have not advised me to take legal action other than as outlined in your Agreement with me. You can contact the Lawyer Referral Service, the Nanaimo Justice Access Centre, or another lawyer for assistance with any other legal issues. If any changes are required to your Agreement, then please let me know by email.
Unless I specifically state so in writing, I have not agreed to give you legal advice or provide legal services to you for any other matter(s). With respect to any other legal issues, I advise you to consult with a lawyer that practices in that area. You have not advised me to take legal action other than as outlined in your Agreement with me. You can contact the Lawyer Referral Service, the Nanaimo Justice Access Centre, or another lawyer for assistance with any other legal issues. If any changes are required to your Agreement, then please let me know by email.
Electronic communications
Please note that all electronic communications including recordings may be stored. All electronic and other information is stored securely, but it may not be securely transmitted. If you wish to establish secure electronic communications with me, then please send me an email me with the subject line: "Request for secure electronic communications".
Most cases will not require the establishment of secure electronic communications for all communications, but they are recommended when electronically sending or receiving sensitive documents that include government identification and social insurance numbers.
In most cases, there is no significant cause for concern when information is sent insecurely. It is important to remember that your communications with me are privileged and confidential. If you are sending me electronic information which contains sensitive information related to your identity like a social insurance number, driver's licence number, and/or medical services plan number, then I encourage you to use a secure method of communication. In most cases, the secure file sharing methods offered by Microsoft 365, free or paid, are an excellent choice. I encourage my clients to create or use a Microsoft or Google account and to enable two (2) step authorization to prevent unauthorized access to your account. If there is another service you prefer, then please let me know.
All clients must use an email account to communicate with me. I recommend consistently using only one email account to avoid confusion and the loss of information. If you do not wish to do so, then please let me know and I will consider whether an exception can be made. To create a free email account, please see: https://account.microsoft.com/ or https://accounts.google.com/.
Most cases will not require the establishment of secure electronic communications for all communications, but they are recommended when electronically sending or receiving sensitive documents that include government identification and social insurance numbers.
In most cases, there is no significant cause for concern when information is sent insecurely. It is important to remember that your communications with me are privileged and confidential. If you are sending me electronic information which contains sensitive information related to your identity like a social insurance number, driver's licence number, and/or medical services plan number, then I encourage you to use a secure method of communication. In most cases, the secure file sharing methods offered by Microsoft 365, free or paid, are an excellent choice. I encourage my clients to create or use a Microsoft or Google account and to enable two (2) step authorization to prevent unauthorized access to your account. If there is another service you prefer, then please let me know.
All clients must use an email account to communicate with me. I recommend consistently using only one email account to avoid confusion and the loss of information. If you do not wish to do so, then please let me know and I will consider whether an exception can be made. To create a free email account, please see: https://account.microsoft.com/ or https://accounts.google.com/.
Data storage
Your data will be stored privately, securely, and confidentially on secure and encrypted servers located in Canada. While your file is open, your data may be sent securely and encrypted to secure and encrypted servers located in Canada, the Netherlands, the United Kingdom including Ireland, the United States of America, and Australia. I use only the most secure and best protected services available to me on the market. I take data privacy, protection, and confidentiality very seriously. If you have any questions or concerns related to data storage and protection, then please let me know.
Limitations
The general limitation period for family law is two (2) years less a day from the date of separation or divorce. This strictly applies to most property related issues although some limitation periods can be much shorter or much longer. This two (2) year limitation period expires after a legally married couple has been divorced for two (2) years or after a common law couple has been separated for two (2) years. Even though you may be able to wait for a while to start a claim, I do not recommend any delay in filing a claim.
Other limitation periods may be shorter or longer. You should identify and verify any applicable limitation dates with myself or another lawyer in writing as soon as possible.
My preference and recommendation is to file in court for all the issues that may need to be resolved at once although it is sometimes advisable and necessary to try and divide the issues up between provincial and supreme court. Filing a family claim with the court can help protect against the expiration of a limitation period, but you also need to ensure that the file remains active.
Please note that limitations in law will apply to all family law cases in some way and operate to limit your legal options at any given time. The expiry of limitations can affect you financially and, as time passes, whether days, months or years, you will become more limited in your options for a fair and reasonable outcome and eventually you may be unable to seek an order in court. In special circumstances, an improperly resolved or unresolved family related issue of significant importance can be heard after the expiry of the general two (2) year limitation period.
Other limitation periods may be shorter or longer. You should identify and verify any applicable limitation dates with myself or another lawyer in writing as soon as possible.
My preference and recommendation is to file in court for all the issues that may need to be resolved at once although it is sometimes advisable and necessary to try and divide the issues up between provincial and supreme court. Filing a family claim with the court can help protect against the expiration of a limitation period, but you also need to ensure that the file remains active.
Please note that limitations in law will apply to all family law cases in some way and operate to limit your legal options at any given time. The expiry of limitations can affect you financially and, as time passes, whether days, months or years, you will become more limited in your options for a fair and reasonable outcome and eventually you may be unable to seek an order in court. In special circumstances, an improperly resolved or unresolved family related issue of significant importance can be heard after the expiry of the general two (2) year limitation period.
Choice of court
It is also important to choose the correct court, provincial and/or supreme court, for resolution. If in doubt, you will be able to seek resolution for all family related issues in supreme court. If you have property related issues and/or require a divorce, then you will need to pursue a claim in supreme court. It is advisable to file a family claim in provincial and/or supreme court as soon as possible to protect yourself from the expiry of a limitation period. Filing a family claim with the courts does not mean that you must go to trial. On the contrary, the vast majority, some say over 95% of cases, are resolved before a trial. It is important to seek sufficient case specific legal advice on the law as it relates to the facts, limitation periods, and the choice of court before any claim is fully or partially resolved.
Creating agreements, mediation, and negotiation
Agreements, mediation, and negotiation are encouraged, but with caution, and after filing a family claim. It is worth noting that if you create an agreement, with or without a lawyer, then you may limit your options to pursue complete or partial resolution in court. Please note that there are some exceptions to the general rules and limitations, but in the interests of saving money and time and ensuring a fair and reasonable outcome, I do not advise waiting until the last day to act.
Get help from other professionals as required
Get help from as many people as you can, not just a lawyer! Remember that your friends and family are not the best people to turn for reliable and reasonable advice in an often emotional and financially stressful time. In many circumstances, it will be at least helpful, if not necessary, to consult an accountant, banker, counsellor, doctor, medical professionals, pension manager, social workers, and speak with other family professionals about your related legal problems.
