What you tell your lawyer is confidential.....

A friend of mine recently told me that on an episode of Breaking Bad, someone mentioned that what you tell your lawyer is confidential - is this true? - she asked..

YES

All communications between a solicitor and their client are privileged (confidential) - there are only rare circumstances in which the information can be revealed - likely as a result of a Court Order.

Here is another thing you may be interested to hear: this privilege applies to that lawyer forever. This means that even if a particular lawyer is no longer your lawyer (ie: you parted ways for some reason), that lawyer can never reveal the information you told him or her in confidence.

BUT here is a scenario you might consider: you bring your best friend into a meeting with your lawyer and she/he hears what you and your lawyer talk about. Two months later, that "best friend" is no longer a friend of yours.....the lawyer is still bound by privilege but he/she will have no control at all over what your former best friend may tell the world about your case - you "diluted" the privilege when you brought your friend into the meeting in the first place.....

"I am going to a Case Conference - what can I expect?"

A Case Conference is one type of hearing in a series of hearings expected to take place in a family law case in Ontario under the Case Management system of court practice.

Case Management in family courts in Ontario is designed to keep cases "on the rails" and moving to their resolution in a prompt, organized and cost-effective way.

A Case Conference is generally the first hearing in this system - it is expected to take place soon after the court case is commenced. It is a meeting of a judge with the parties and their lawyers (if they are represented) to discuss the most pressing of issues, to organize the exchange of documents and disclosure and to schedule any necessary contested hearings and questioning. All discussions at a Case Conference take place on a "without prejudice" basis, meaning, they cannot be repeated at a contested hearing. The judge presiding over a Case Conference has the power to make some court orders. All court orders are made on a "with prejudice" basis, meaning that they affect the parties and the overall court case.

Your Case Conference may take place in open court or in the judge's office (chambers). Practice varies depending on the judge and the jurisdiction. Dress comfortably but appropriately. The judge may (but is not likely to) ask you questions.


UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

• Financial Statement (both long-form and short-form); and
• Affidavit.

MORE MANUALS TO COME! 

Robert Roth - Landscape