Family Law Skills and Practice

Initial Client Contact and Intake
Initial client contact is often the most critical part of the file. You must be able to communicate effectively, know what questions to ask, and be aware of what information your client is not sharing. In this introductory session, learn the key steps, how to avoid common pitfalls, and best practices for ensuring you do it effectively.
• ABC’s of assessing the new client opportunity
• The Client Intake Questionnaire: What, why and how
• Best practices in how to use retainer agreements, including limited scope retainers
• Initial client interview:
‑ Assessing if, how, and when
‑ How to prepare for the first interview
‑ Effective strategies for communicating with your client
‑ Identifying special client issues
• What needs to happen after the meeting?
‑ Post‑meeting reporting (including the engagement OR non‑engagement letter)
‑ Assessing and communicating options and next steps

Skills Workshop: Mastering the Client Intake Interview*
Working with your Simulated Client, you will have an opportunity to conduct an initial intake interview and receive individualized feedback from both the Simulated Client and faculty advisor.

Working With People (Your Client, Yourself, The Other Side, Judges and Self-Reps)
Knowing how to effectively manage your client is crucial. Every legal professional has war stories about that difficult client. Judges frequently chastise counsel for failing to properly manage their client. In addition to managing the “difficult” or high conflict client, legal professionals need to be able to identify and know how to support vulnerable clients.

This session will also provide guidance on how to work effectively with the other side, challenging judges and self‑represented parties.
• Best practices and strategies for managing client expectations
• Practical toolkit for managing the difficult client meeting
• Understanding the unique issues of vulnerable clients and how these may impact behaviour and decision making
• Self‑care: strategies for how legal professionals can and should support themselves when dealing with challenging clients
• Self‑represented parties: Counsel’s role and obligations, including what the
Court expects from counsel
• Reporting letters and how to communicate so that your client understands

Skills Workshop: The “Challenging”Client Meeting*
Working with your Simulated Client, you will engage in a challenging discussion in which you will have to apply the strategies you have learned during the day to manage the client.

Receive individualized feedback both from the client perspective and from experienced counsel who will offer guidance on what worked and what you could do differently next time.

Identifying and Defining the Issues (including Pleadings and Financial Statements)
A common mistake is to rush into settlement discussions or litigation without having a clear sense of the critical issues. Taking the time to properly identify and define the issues, and to assess what you need to make (or defend) your case is critical. A key part of this process is the pleadings and financial statements. In this session we will drill down on effective pleadings.

Legal and financial experts will also guide you through financial statements, including strategies for gathering the key information and documents; how to identify (and avoid) common mistakes; and guidance for reviewing the other sides’ statements.

Consensual Resolution
This session will focus on options and strategies for reaching a consensual resolution, including negotiation, mediation, and other forms of ADR.
• Overview of the key options (including their advantages, limitations, pitfalls to avoid, etc.)
• How to determine what option is right for your client
• Understanding what your client really wants and how to effectively manage their expectations
• Mediation how‑to’s, including the mediation brief
• Minutes of Settlement: why they are critical and how to draft them so that they work

Skills Workshop #1: Preparing Your Client
for a Settlement Conference (to be completed outside of the program)

Skills Workshop #2: Simulated Negotiation*
You will have an opportunity to participate in a simulated negotiation and receive feedback on your performance.

When Your Matter Doesn’t Settle
In this session we will drill down on the different non‑consensual options in a family law matter. Topics include:
• Resolution tools: best practices and pitfalls
• How to make the most of settlement and case conferences
• Questioning 101

Skills Workshop: Case Conference*
Using the program case file, and working with your Simulated Client, you will have an opportunity to prepare for and participate in a case conference with a judge.

Motions Advocacy: The Nuts & Bolts
Family law motions are often where many files are “won” and “lost”. Mastering the motion is a key skill. In this session you will learn:
• How to assess if, why, when and where to bring a motion
• Strategies for determining what your client needs
• Guidance from judges about what they want and need from counsel
• Best practices for:
– Effective written materials
‑ Structuring your oral submissions
– Preparing for Court

Refine your oral advocacy skills and learn from viewing a motion demo that will highlight best practices and things
to avoid.

Skills Workshop: Motions Advocacy Workshop*
Students will have an opportunity to participate in a simulated motion and perform in front of experienced judges. Hone your advocacy skills in a supportive environment, and receive individualized feedback from faculty advisors and judges about what worked and what didn’t.

Experts, Resolution and Wrapping Up the File
In this final session we will explore some of the key issues related to experts, documenting your settlement and closing the file, including:
• Experts 101: the what, why and when
• How to draft effective Minutes of Settlement and Minutes of Understanding
• Key issues with Separation Agreements
• Final communication to your clients
• Missteps with last steps – the last bits many legal professionals ignore or forget, sometimes with fatal outcomes.

* Skills workshops must be completed live during the scheduled times.