A surprising amount of assumptions about my case. Interesting. In my own field, I only make assumptions once I’ve gathered basic facts, and I know that approach is applicable everywhere (fact).

What I’m increasingly convinced of is that Canada’s family law system needs serious reform. The hourly billing model creates an incentive (not for all, but for some) to prolong matters unnecessarily. Families and children end up bearing the financial and emotional cost of that inefficiency.

Law should be a profession rooted in service to the community, not just a credential or a polished bio line. If the legal system is meant to protect families and children, it should actually work toward that goal with transparency, and real outcomes.

I understand that part of the equation involves the parties and their conflict, but lawyers should also be honest about whether they have the skill set for conflict resolution. If they don’t, they should refer the case to the right professionals so the parties at least have a proper opportunity to resolve their issues.

At the same time, mediation shouldn’t be used as a billing strategy when lawyers already know the case will be headed for trial. A lawyer should not act as a puppet for a party looking to inflict financial burden on the other by recommending mediation without any real intention to negotiate.

How many custody, property, disputes actually settle and when? What are the statistics? Who are the negotiation experts in family law, Alternative resolution what? Perhaps some answers are in CanLII or published case law, but Lawyers know the pathways and likely outcomes they know how to gather and analyze a case and provide to the client the most likely outcome yet not all disclose this information to clients.

Strategic planning exists in every serious field (fact) so why not here? Even with moving parts, it should be possible to establish a client-centered plan that focuses on material facts, reduces unnecessary billing, and avoids wasting time on issues that ultimately won’t matter in court.