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ÉditeurLexisNexis
Date de parutionMai 2024
ISBN9780433525196
Nombre de pages706
FormatPapier
Reliurerigide
Code de produit

347.650.24

Contracts for the Family Law Client


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●Majoration des titres de LexisNexis●

There are many different contracts a family lawyer asks their client to sign, often under pressured circumstances, and in scenarios where the client, and sometimes their lawyer, may not fully understand the contract at issue.

Expert advocate, wealth protection planner, mediator, arbitrator, author and editor Robert M. Halpern, along with various accomplished family law contributors, unravel this complex area of law by providing a comprehensive analysis of virtually every contract and the related topics facing the family law client in Contracts for the Family Law Client. Both novice and seasoned professionals will benefit from the authoritative guidance in this book, written by a team of more than 30 family law experts over 16 extensive chapters.

Contracts for the Family Law Client begins by discussing the law of contract in Canada, and then explores the different types of family law contracts, according to the following categories:

  • Contracts dealing with the client and their professional – retainer agreements with one’s lawyer, chartered business valuator and Section 30 CLRA parenting assessor
  • “Coming Together” agreements – the cohabitation agreement, marriage contract and fertility and assisted reproduction agreement
  • “Coming Apart” agreements – the separation agreement, amending agreement, paternity agreement and tolling agreement
  • “Eyes Forward” agreement – the parenting co-ordination service agreement

The book further explores the topics of negotiation, mediation, arbitration and the various alternative dispute resolution contracts used to lead parties to “Coming Together” agreements and “Coming Apart” agreements. It also examines the practical considerations when seeking to enforce or challenge a contract, including advice about the Family Responsibility Office, the Family Law Rules, bifurcation in set aside cases and limitation periods.

Features of This Book
Contracts for the Family Law Client provides answers to common contract questions, such as:

  • What happens when there is ambiguity in the contractual terms?
  • What happens when you have terms but no written contract?
  • Is a contract void or voidable?
  • What is a retainer and who may enter into a retainer agreement?
  • Can a client or lawyer challenge a retainer agreement?
  • What is cohabitation and what is a cohabitation agreement?
  • Who needs a marriage contract?
  • What is parenting coordination?
  • Is arbitration right for your client?
  • What is an enforceable domestic contract?

Helpful precedents, practice tips, appendices and sample documents are also provided, including:

  • Sample Provisions of Tolling Agreements
  • Sample Parenting Coordination Service Agreement, Closed Dual PC Model
  • Sample Collaborative Practice Participation Agreements
  • Sample Collaborative Family Professional Agreement
  • Sample Collaborative Limited Retainer Agreement
  • Sample Precedent Arbitration Agreement
  • Sample Mediation-Arbitration Agreement

Who Should Read This Book

  • Family law practitioners who need a concise practical guide to assist in preparing family law contracts and to understand the alternate dispute resolution processes which may lead them to such a contract
  • Family mediators and arbitrators who need to consult a reliable resource to conduct mediation, arbitration or mediation-arbitration
  • Non-legal professionals (Mental Health Practitioners, Accountants, Valuators) who need information on contracts governing their professional involvement in family law cases
  • Clients and self-represented litigants who need information on common provisions and the larger theory behind family law contracts
  • Law students and professors who need materials for family law classes
  • Law libraries and law schools who need this invaluable resource added to their library

Contributing Authors
Karon C. Bales – Founding Partner, Bales Beall LLP
Richard Diamond – Partner, Bales Beall LLP
Heather Kindness – Founder, Heather Kindness Family Law
Sarah Engel – Senior Associate, Watson Family Law
Michael Stangarone – Partner, MacDonald & Partners LLP
Dr. Irwin Butkowsky – Private Practice, Parenting Assessor and therapist
Martin S. Pont, CBV – Founding Partner, ap Valuations Limited
Sarah G. Kingston, CBV – Chartered Business Valuator, ap Valuations
Heather Hansen – Partner, McCarthy Hansen & Company LLP
Stephanie Garbe – Associate, McCarthy Hansen & Company LLP
Herschel Fogelman – Founder/Principal, Fogelman Law
James Porter – Associate, Fogelman Law
Kelly D. Jordan – Principal Lawyer/Mediator, Kelly D. Jordan Family Law Firm
Emma Katz – Senior Associate, Kelly D. Jordan Family Law Firm
George Karahotzitis – Partner, Thomson Rogers
Megan Edmiston – Partner, Thomson Rogers
Seema Jain – Founding partner, Jain Family Law and Mediation
Linda Popielarczyk – Social Worker, Private practice
Cheryl Goldhart – Founding Partner, Goldhart Law
Michelle Sample – Senior Lawyer, Goldhart Law
Deborah Graham – Collaborative Lawyer and Family Mediator, Private practice
Nicola Savin – Partner, Birenbaum Steinberg Landau Savin & Colraine LLP
Georgina Carson – Partner, Carson Chousky Lein LLP
Maneesha Mehra – Counsel, Carson Chousky Lein LLP
Adam Black – Partner, Torkin Manes
Victoria Ourumis – Associate, Torkin Manes
Michael B. Kleinman – Lawyer/Mediator, Kleinman Family Law
Deborah Perkins-Leitman – Lawyer, Beaton Burke Young LLP
Sarah Young – Partner, Beaton Burke Young LLP
Jessica Brown – Partner, Halpern Law Group LLP
Erin Caplan – Partner, Halpern Law Group LLP

Foreword by Julie K. Hannaford – President/Founder, J K Hannaford Barristers Professional Corporation

Authors

Robert M. Halpern received his LLB from Osgoode Hall Law School in 1983 and was called to the Ontario Bar in 1985. He is certified by the Law Society of Upper Canada as a Specialist in Family Law and was head of the Family Law Group at a Toronto mid-size full-service firm for approximately 20 years. In 2019, Mr. Halpern started Halpern Law Group, a boutique Family Law firm in Toronto and is its principal.

Mr. Halpern’s advocacy practice addresses all aspects of family law, and he has appeared at all levels of Court in Ontario. He is an experienced certified Mediator and Arbitrator. He regularly advises clients on complex personal and business financial protection planning.

Mr. Halpern has taught Family Law for the Bar Admission Course and has served as a member of the Executive Committee of the Canadian Bar Association – Family Law Section. He was a member of the Law Society of Upper Canada Family Law Specialist Selection Committee. He served as a Dispute Resolution Officer for the Ontario Superior Court.

Mr. Halpern has chaired programs on family law and has presented family law papers and other papers at various conferences for the National Judicial Institute, the Law Society of Upper Canada, the Canadian Bar Association – Ontario, the Canadian Institute, the Advocates Society, Osgoode Professional Development, and Federated Press. He has appeared on radio programmes and podcasts commenting on family law issues. He has numerous publications on family law, including a looseleaf service on advising the family-owned business and texts on the law of property and support.

Robert Halpern has been named as “Repeatedly Recommended” or “Consistently Recommended” in the Canadian Legal Lexpert Directory under the Family Law category every year since 2008. Additionally, in every year since 2010, Mr. Halpern has been recognized by his peers for selection in Best Lawyers in Canada, the oldest and most respected peer-reviewed publication in the legal profession.

Since 2022, Mr. Halpern has been ranked by Chambers and Partners under the Family/Matrimonial High Net Worth category. He was recognized by Business Today as one of the “Ten Most Influential High Net Worth Family Lawyers in Canada” for their Lawyer Awards of 2023.

Assistant Editor Ibtisam Jemal received her Juris Doctor from Osgoode Hall Law School in 2018. During her time in law school, Ibtisam worked in the family law group at the student-run legal clinic, Community and Legal Aid Services Program (CLASP). As a student, she represented clients at the Ontario Court of Justice and in negotiations.

Ibtisam articled at a prominent boutique family law firm in Toronto. On being called to the Bar, she worked at a mid-size firm practicing family law exclusively. She is an associate at Halpern Law Group.

Ibtisam’s practice includes assisting clients on a wide range of matters such as parenting, child and spousal support and property claims. She has developed a client-focused approach to her practice with the goal of ensuring client needs are met in a cost effective and efficient manner.

Ibtisam litigates in the Superior Court of Justice and Ontario Court of Justice. She also advocates for clients in alternative dispute resolution processes, if and when appropriate. She also negotiates and prepares domestic contracts for clients.