Canadian Lawyer

June 2008

The most widely read magazine for Canadian lawyers

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LEGAL REPORT: FAMILY LAW lawyer in Vancouver agrees, adding that she would guess that wills and estates and employment law would of- ten have the same type of emotional dynamic as fam- ily law. "Anything that strikes at the core of our being and . . . if you have a dispute that involves your basic sense of identity and it's hauled into the legal arena, that's going to be pretty devastating, and certainly family matters fall into that," she says. For Reierson, a balance between over-empathizing with the client and failing to care is key, as she says that a lawyer is not much use to the client if they are wholly in their shoes, nor, conversely, if they don't care at all about how the client is feel- ing. Finding the balance is not something that comes naturally at the beginning of your career. "I don't think that you can start in a family law practice, do a really good job, and not have to learn the hard way how to keep yourself to some de- gree removed from your clients' ups and downs. I don't think it's something that you come to the practice of law just know- ing how to do," says Reierson. "The trick is to remove yourself to the degree required to maintain objectivity, but not so much that you don't really care about their situation," she says. Neil Turcotte, a partner with MacPherson Leslie & Tyerman LLP in Saskatoon, says he likes to keep a light banter, which doesn't mean that he doesn't take his client's issues seriously, just that he doesn't adopt them as his own issues. "Where my clients have a significant emotional tie or need that arises out of an issue, then I usually refer them to an appropriate counsel- lor to deal with that issue," he says. Part of his approach to the practice of law is that he sees himself as a legal adviser: the client is there for legal advice, not for emotional or counselling advice. In litigation, clients are usually presenting with one of their biggest worries and are looking for advice on how to deal with that, he says. "I don't take on the client's problem, but I do assist the client in assess- ing that problem and advising the client on ways on which we can work towards a resolution of the problem, as opposed to just simply focusing on 'that's a problem,'" he says. While he is direct about the fact that he is not a counsellor, Turcotte says he realizes the emotions at play. "I do appreciate that in many ways it's very emotional and in some ways it's very difficult. And, in family files, the first-time interview with the lawyer . . . can be quite emotional because there's a certain finality in coming to see the lawyer to deal with the issues." Turcotte, who does primarily litigation work, has training in collaborative law and mediation and has adapted those skills somewhat to his practice, he says. In not taking on the emotions of clients, "I think what clients sales@divorcemate.com www.divorcemate.com DD CL GRLBBE-07 S&R b&w 5/8/08 11:40 AM Page 1 a product of Toll Free: 1-800-653-0925 or 416-718-3461 x446 are paying the family law lawyer for is objective legal advising on their issues and working towards a solution that's meaning- ful," he says. "So I don't ignore the emotions, but I don't focus on them other than to sort through what's going on behind that." While Reierson says she has close relationships with many of her clients, which helps them through the process, she still needs to "find a way to make sure that my intimate involvement with Track your orders online and have results emailed directly to you complete with copies of documents and one convenient invoice. Create and re-use templates controlling your firm standards for search & due diligence. NUANS Reports & Real Estate services also available. On-line Help & Support Team available. P C eservicedd.ca 42 JUNE 2008 www. C ANADIAN Law ye rmag.com Choose Dye& Durham your ONE source supplier Phone: 1-800-668-8208 Visit eservicedd.ca to view a demo. Fax: 1-800-667-3146 Search & File Online with e-service roviding a central point of access for staff assisted or do-it-yourself searches or registrations. W e ' r e a y C a n a p d i m a n o a n

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