Divorce and Family Law
Memorandum

GENERAL

The number of family breakdowns is on the increase. Break down of the family causes not only enormous emotional stress.  It is also very expensive. In a family dispute, it is important to seek the right kind of advice in resolving the dispute. Right advice comes from a sympathetic lawyer who understands your problem. 

LAWYER’S ROLE

The role of the lawyer is to protect the interest of the client but an over protection of the client’s interest results in prolonging the dispute with the spouse and making it more expensive. One should be ready to make some compromise to achieve the resolution of the problem. Using the legal system to punish the spouse can be emotionally and financially draining.

A good working relationship is vital to finding a legal solution to your marital problem. In a marital conflict the world will seem to fall apart and you do not know who to trust. At this time the trusted relationship with the lawyer can make a significant difference in finding a resolution of the problem.

Your expectations of the lawyer work should be realistic. You should recognize the demands on his time. Arrange a meeting when there are important decisions to be made. Do not repeat the story to the lawyer on the phone to get it out of your system, because the lawyer’s time can be more expensive than a family friend or a counsellor.

REACHING RESOLUTION

Many family cases start with a flurry of legal activity and then dies down when the clients realize that they do not have the funds to continue the legal remedies. Parties should focus on the resolution of the problem. It is preferable not to use the legal proceedings to punish the spouse because it can be expensive. The resolution of the problem should be concluded in a legal document like the minutes of settlement or a separation agreement or a marriage contract.

LEGAL FEES

On an uncontested divorce a fee may be quoted. If it turns into a contested divorce, fees will be based on time.  It is therefore important that the clients keep the narration of the facts to a minimum and listen to our advice on what is necessary to do to find a legal solution. It is important in the first meeting to tell your story in detail, but thereafter continuing to describe in detail.  The problem of the relationship with your spouse does not resolve the issues.

We will require legal fess to be paid in advance for each legal step to be undertaken. It is important to listen to our advice to minimize the cost and to find a resolution of the problem. We will prepare a retainer which sets out our obligations to provide service and your obligation to pay the fees.

TIME FRAMES

Legal solution to a marital problem will not happen quickly because there are many procedural problems that must be satisfied. We will discuss these time frames with you.

CULTURAL BACKGROUND

We recognize the cultural background of the parties and we feel that it is very important in solving martial problems. In many cultures preserving the family unit is paramount and we make every effort to do so and finding reconciliation if possible.

EMOTIONAL SUPPORT

You should find a friend or a therapist or a marriage counsellor or a family member you can talk to express your feelings. This is important. It is not possible for the lawyer to perform this role because it is very expensive.

TELEPHONE CALLS

It is not possible for us to answer all questions at length on the phone. We recommend that phone calls be limited to quick communications between us and you. For any discussion requiring more than 5 to 10 minutes of time, a meeting should be arranged. Phone calls will also be charged on an hourly basis.

DOCUMENTS

We will provide key documents to you. It is not necessary for you to have each and every piece of paper that is not important. Photocopies will be charged for the number of pages copied. If you change solicitors, the copies provided to you should be used to give to another lawyer or you can copy key documents from the court file which you can trace from the number on the top right corner of all pleadings. We will keep our file for our records because we are responsible for the work we do.