Defendant's lawyer

My client called me the day he received a copy of a proceeding introducing a divorce application. The first thing I do in such a case is obtain certain information from the client (like the exact nature of the proceeding) and I arrange to meet him in person soon after. At our first meeting, I must tell the client about the consequences and objectives of divorce law, as well as the services that could facilitate reconciliation. If reconciliation between spouses is impossible, I then have to talk with my client about ways to help them come to an agreement on the consequences of the divorce.

These are often difficult times for my clients and the prospect of appearing in court worries them. I explain the various steps in the file to them and we identify the most important issues. This usually helps to reassure them. I believe it is important to deal with each subject on its own: it is important to avoid linking financial questions to those of child custody, for example. Taking care of the problems one by one, we design a solution for each of them and this way we reduce the number of issues in dispute.

It is not easy to tell a client that the law can’t necessarily provide him with what he wants. For example, a client who wants to ask for shared custody of his son to avoid having to pay child support, will be very disappointed by what I have to say if his income is greater than that of the mother. This is because even if his request for custody is accepted, he will still have to pay support (adjusted as a consequence). Beyond the obligation to advise my client well, I also must represent him – even if he chooses a path that goes against my advice. However, when I am convinced that the client’s expectations aren’t realistic, I may refuse to follow certain instructions.

My work takes patience and precision. I have to be sure to understand the situation well, take the time to think about it, and do the necessary research to cover all the possible aspects of the case. My client will live with the consequences of my advice, so I have to weigh all of the pros and cons carefully before giving it to him. Generally, the client would like the dispute to be resolved very quickly, but it is necessary to go through the steps in a file one at a time. Also, the passage of time often helps spouses to overcome their difficulties communicating and this encourages negotiation and settlement.

In family law cases, I represent clients who are plaintiffs as well as defendants. Even though every case has its own particularities, the same questions are regularly debated in this kind of dispute. To have a good understanding of the file as a whole, I not only have to keep my client’s point of view in mind, but the other party’s as well. It is impossible for me to predict the result of a trial: decisions don’t come from me, but from the judge. So I think it is necessary to prepare my client for the possibility that the judgment that is given might not favour him on every point.

Family law brings me great satisfaction when the result obtained, whether by settlement or at the end of a trial, appears to me to be fair and is satisfactory for my client. It is a field of law that affects people in their personal lives and I am proud to be able to help them get through these difficult times.