All too often Surrey BC Family Lawyers, Langley BC family and divorce lawyers and Surrey family law lawyers and their Surrey BC separated or divorcing Langley BC family law clients can lose sight of the need for respect and civility in their Greater Vancouver and Langley, Delta and Surrey BC family law case. A Langley BC divorce, Surrey family law child custody, Vancouver spousal support, or Fort St John BC property division and family asset case is already stressful enough without rude conduct that inflames the BC family law situation and prevents a prompt BC divorce settlement. Here is a list of Vancouver BC Family Law Best Practices that will be presented for approval at the June Provincial Council meeting of the CBA BC. We as Vancouver, Surrey and Fort St John family lawyers wholly agree with these practices and I tell my clients there is a difference between being rude and firm.
BEST PRACTICE GUIDELINES FOR LAWYERS PRACTICING FAMILY LAW
Lawyers involved in a family law dispute should strive to ensure it is conducted in the following manner:
1. Lawyers should conduct themselves in a manner that is constructive, respectful and seeks to minimize conflict and should encourage their clients to do likewise.
2. Lawyers should strive to remain objective at all times, and not to over-identify with their clients or be unduly influenced by the emotions of the moment.
3. Lawyers should avoid using inflammatory language in spoken or written communications, and should encourage their clients to do likewise.
4. Lawyers should caution their clients about the limited relevance of allegations or evidence of conduct.
5. Lawyers should avoid actions that have the sole or predominant purpose of hindering, delaying or bullying an opposing party, and should encourage their clients to do likewise.
6. Lawyers cannot participate in, and should caution their clients against, any actions that are dishonest, misleading or undertaken for an improper purpose.
7. Lawyers should keep their clients advised of, and encourage their clients to consider, at all stages of the dispute:
a. the risks and costs of any proposed actions or communications;
b. both short and long term consequences;
c. the consequences for any children involved; and
d. the importance of court orders or agreements.
8. Lawyers should advise their clients that their clients are in a position of trust in relation to their children, and that
a. it is important for the client to put the children’s interests before their own; and b. failing to do so may have a significant impact on both the children’s well-being and the
client’s case.
9. Lawyers should advise their clients of and encourage them to consider, at all stages of the dispute, all available and suitable resources for resolving the dispute, in or out of court.
1 Lawyers are not obliged to assist persons who are being disrespectful or abusive.
