2. Family Law in Crisis
Chief Justice Warren Winkler:
The current family law system is too slow, too
complex, too adversarial and, above all, too costly. There
is no other area of the justice system where we have the
opportunity to bring about reforms that will have a
greater positive impact on Ontarians. Despite
improvements in family law services that have been
made in recent years, much more must be done if
substantial improvements are to be made. In my
opinion, family law reform must be our highest priority.
4. Rules of Professional Conduct
4.06 (1) A lawyer shall encourage
public respect for and try to
improve the administration of
justice.
5. Why the Crisis?
Nicholas Bala and Rachel Birnbaum (2011)
inability to afford a lawyer
unrepresented parties increases the costs for the
represented party and for justice system
more difficult to settle
delays due to lack of familiarity
may cost more than not hiring a lawyer
6. Statement of Principles on Self-represented
Litigants and Accused Persons
4. Self-represented persons, like all other litigants, are
subject to the provisions whereby courts maintain
control of their proceedings and procedures. In the
same manner as with other litigants, self-represented
persons may be treated as vexatious or abusive
litigants where the administration of justice requires
it. The ability of judges to promote access may be
affected by the actions of self-represented litigants
themselves.
7. The Lawyer as an Educator
7% of lawyers report that self-represented litigants
believe they can do a better job than a lawyer
(Birnbaum & Bala)
The Spousal Support Advisory Guidelines (SSAGs) are
not legislation, but are incredibly complex
Essentially impossible for self-reps to accurately
calculate support
8. My Support Calculator
launched in 2011
only site in Canada providing the public free and
accurate child support and spousal support
calculations
calculation is very simplified
intended to provide a starting point for litigants
rough estimate of support as a starting point for
calculations
9. The Rules (Again)
3.01(1) A lawyer shall make legal
services available to the public
in an efficient and convenient
way.
10. Unbundled Services
85% lawyers already provide limited scope retainers
(Birnbaum & Bala)
New Rules of Professional Conduct
Website lists directory of practitioners, some of whom
offer unbundled services
Public can more readily identify areas where they
require assistance
Special expenses, dividends, self-employed, etc.
11. More Information
http://mysupportcalculator.ca
@MySupportCal
omar@mysupportcalculator.ca
Ha-Redeye, Omar, Litigating Family Law Economically: The Case Study
of My Support Calculator, and Lessons for the Civil Litigation Bar (April
30, 2012). Ontario Bar Association, "Litigating Economically.”
Available at SSRN: http://ssrn.com/abstract=2047104