Lexis Nexis Contracts for the Family Law Client
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Product description
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 novices 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
Table of contents
Foreword – Julie K. Hannaford
Preface – Robert M. Halpern
Chapter 1: The Law of Contract in Canada – Karon Bales, Richard Diamond, Heather Kindness and Sarah Engel
Chapter 2: The Client’s Retainer Agreement With Their Lawyer – Michael J. Stangarone
Chapter 3: The Client’s Retainer Agreement With the Section 30 Children’s Law Reform Act Parenting Assessor – Dr. Irwin S. Butkowsky
Chapter 4: The Client’s Retainer Agreement With the Chartered Business Valuation – Martin Point and Sarah Kingston
Chapter 5: The Cohabitation Agreement – Heather Hansen and Stephanie Garbe
Chapter 6: The Marriage Contract – Herschel Fogelman and James Porter
Chapter 7: The Fertility and Assisted Reproduction Agreements – Kelly D. Jordan and Emma Katz
Chapter 8: The Separation Agreement, the Amending Agreement, the Paternity Agreement, and the Tolling Agreement – George Karahotzitis and Megan Edmiston
Chapter 9: The Parenting Coordination Service Agreement – Seema Jain and Linda Popielarczyk
Chapter 10: Just Before Examining Alternative Dispute Resolution Agreements, Let's Explore the Art of Negotiation – Cheryl Goldhart and Michelle Sample
Chapter 11: The Collaborative Law Participation Agreement – Deborah Graham and Nicola Savin
Chapter 12: The Mediation Agreement – Georgina Carson and Maneesha Mehra
Chapter 13: The Arbitration Agreement – Adam Black and Victoria Ourumis
Chapter 14: The Mediation-Arbitration Agreement – Michael B. Kleinman
Chapter 15: Enforcement of the Agreement – Sarah Young and Deborah Perkins-Leitman
Chapter 16: Challenging the Agreement – Jessica Brown and Erin Caplan
