What is the difference between a litigation file and a collaborative practice file?
Usually the clients find the result much more satisfactory from a cp file, as appose to having a result imposed upon them by the court in a litigation file.
What is litigation?
Litigation is a typical traditional court file. There are two lawyers involved. The parties usually take an adversarial position that involves positional bargaining. This usually involves a contested court proceeding. This results in a negotiated agreement.
What if the parties of a litigation file cannot come to an agreement?
If the parties cannot come to an agreement, the court imposes a result on both parties.
What is collaborative practice?
In a collaborative practice file, we focus on goals and interests of both parties. Again, both parties have lawyers. It is considered a respectful and peaceful process where communication should be appropriate at all times. The parties will have communication guidelines.
A collaborative practice file is likely to involve a full team. This often includes a neutral family professional and a neutral financial professional. Other professionals can also join the team as needed including business valuators and/or corporate or tax specialists.
Not only do the parties agree not to go to court, but the lawyers must agree that they’re not going to go to court; They also agree not to take advantage of each other’s mistakes.
An important part in the collaborative process is that there will be full and complete disclosure. Fairness is subjective. The goal is to come up with an acceptable result for both parties that satisfies goals and interests.
Russell Alexander Collaborative Family Lawyers is growing and we are seeking an Associate Family Lawyer to join our team! We practice exclusively in all areas of family law at multiple office locations in Ontario. We provide the opportunity to work remotely up to three days a week.
Job Type: Full-time
Salary: $150,000.00 – $200,000.00
Required skills and knowledge:
• Qualified to practice law in Ontario;
• Minimum of 3 years experience in Family Law and litigation;
• Interest and/or Certification in Collaborative Practice;
• Ability to work independently and in a team-environment;
• Strong and effective analytical and problem-solving skills, and excellent writing skills;
• Ability to engage in effective oral advocacy;
• Excellent organizational and time management skills, including attention to detail, and an ability to multi-task;
• High level of professionalism and initiative.
• Drafting legal documents, including but not limited to, pleadings, motions, affidavits, financial statements and conference briefs;
• Upkeep on all current client files, as well as bringing in new clients
• Delegating work to law clerks, and working closely with law clerks on files;
• Attending court.
Applications will be kept confidential. Please submit resume and cover letter to email@example.com
There are several factors that could explain divorce rate spikes in the new year and especially in the month of January. Jeremy Sutton recently reviewed some these factors, including:
• People see January 1 as an opportunity to analyze their lives and change what no longer makes them happy. Sometimes that’s their spouse or partner
• Finances are often called the biggest challenge to a relationship or marriage. Money is always a common factor – especially at Christmas, when pockets are emptied and tensions run high
• Unsatisfactory relationships can drift along during the year, but any unhappiness is highlighted when couples spend a lot of time together over the Christmas break
• It’s sad but true that for some couples having limited time together keeps them together, and being in close proximity 24/7 over Christmas/New Year is the last straw
We examined the data behind this phenomenon last year.
Is It Your New Year’s Resolution to Get a Divorce?
January is the prime time of year for couples to initiate divorce, based on the number of court-filed applications; divorce filings begin to spike in January, and peak in February and March. January is when divorce lawyers report seeing a spike in consultations from disgruntled husbands and wives, who at least want to do some information-gathering, by exploring the various financial and child-related repercussions that a formal separation or divorce would entail.
Apparently, those in troubled partnerships will try to keep the status quo throughout the holidays – especially if children are involved – only to formally separate or embark on marital counselling once the festivities are over. The reason for this timing is largely (shall we say) “sentimental”: People don’t want to initiate divorce proceedings immediately before, or during, the holidays. They may not want to put a pall over what is ideally supposed to be a family oriented, idyllic season of the year. Or, they may want to delay so that the family can have one final holiday together, before they split.
For others – especially those individuals who have already started to secretly contemplate divorce, or for those embattled couples who have begun to discuss the prospect between themselves – the “fresh start” quality of New Year, and the tradition of making resolutions, may prompt unhappy partners to re-evaluate their future and finally make the break they have been contemplating.
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at RussellAlexander.com
It’s more common than ever: family lawyers are using technology to enhance efficiencies, to market legal services, and to operate the business side of their practices. Do you know what tools and apps are out there that can help you? Are you up to date on the latest possibilities? Learn how to appropriately integrate technology to transform your practice while ensuring you comply with the Rules of Professional Conduct.
Understand how to use social media to promote your practice
Improve client experiences by utilizing technology tools
Learn how to incorporate technology through the life of the file
Wednesday’s Video Clip: Ontario Custody and Access Who’s Is Entitled To The Child?
There is a general misconception that when a couple separates, the children must automatically stay with their mother. But in Ontario, the mother and father are equally entitled to custody of the child.
In this video divorce lawyer Abi Adeusi discusses who is entitled to custody of the child, defacto custody, and mistake parents, often fathers, make regarding custody and the establishment of a status quo. She also explains the difference between custody and access.
In this video Russell discusses common questions lawyers are asked about child support. Topics include hardship and the process for reducing child support, child support for incomes over $150,000, the obligations of step-parents, medical and dental insurance, and what information is needed to determine child support.