Canadian Lawyer

October 2016

The most widely read magazine for Canadian lawyers

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8 O C T O B E R 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m A new online service that offers separating Quebec couples a fast and inexpensive path to obtaining a judgment on their separation agreement is a mod- ern-day innovation that increases access to justice, says the Quebec City lawyer who developed it. But at least one ranking Quebec family law expert fears the rock-bottom flat rates being charged for the service could lead to liability issues and sell short the education and experience of family lawyers in la belle province. Officially launched Aug. 15, Mon Droit Familial, or "my family law", offers to provide — for a low turn-key rate of $600 (plus taxes) — the legal services that separating couples who agree on the terms and modalities of support payments and child custody need in order to obtain a judgment. "It's $900 for divorcing couples because there's a lot more work involved," says service founder Marc-André Letarte. Prospective clients who enter Letarte's web site — mon- droitfamilial.com — are asked to either fill out an online form or send a copy of their mediation agreement. They can then choose from a menu of 40 time slots that are available each week for consultations by phone, Skype or FaceTime with either Letarte or one of the handful of legal colleagues he says are working with him. "We validate the agreement, then take charge of the file," Letarte says from Australia, where is living until the fall with his wife, a biologist who is doing scientific research there. "We prepare and send them the documents they require to get a judgment. Then all they need to do is sign them and register them at the nearest courthouse." In addition to offering online convenience to busy cou- ples living a painful period of their lives in today's fast-paced world, Letarte says his turn-key service also increases access to justice by providing a low-cost alternative for separating couples to have their agreement ratified by the province's superior court. In Quebec, married and de facto couples who separate are eligible to receive five hours of free consultation with a mediator. According to various sources, some 15,000 couples par- ticipate in such sessions annually, and roughly 80 per cent reach an agreement. The problem, says Letarte, who has been practising fam- ily law since 2006, is that such agreements are only verbal in nature. "It's only when you get a judgment that key issues like support and custody can be enforced and regulated by the courts and government," he says. He adds that according to the provincial justice ministry's Quebec lawyer launches new online, fl at-rate family law service C E N T R A L \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP Marc-André Letarte. Our cases have changed the law. Consider referring your client to us. Untitled-1 1 2016-03-22 7:41 AM

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