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Legal Advice & Information - Nova Scotia Family Law

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0% found this document useful (0 votes)
19 views4 pages

Legal Advice & Information - Nova Scotia Family Law

Uploaded by

Andrew
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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QUICK EXIT

Home > Legal Advice & Information

Legal Advice & Information

If you are separating from your partner, or are involved with, or going to be involved with, the court, it is always a good idea to speak with a
lawyer. Below is information about legal support and advice options in Nova Scotia, including no- and low-cost services.

1. Wh a t i s t h e d i fference between legal information and legal advic e ? 

2. Wh a t d o e s a l a wyer do? 

3. Wh y d o I n e e d legal advice? 

You can deal with a family law problem or go through the court process without a lawyer in most situations, but it is always
recommended that you get at least some legal advice.

The court process in real life is very different from what you see on TV. Most people are not aware of the law or how to present their
case properly. There are also many rules to follow in the courtroom, including rules about what evidence can be accepted by the
court, and what evidence cannot be accepted. Do not assume that you will be able to go into court and just ‘say your piece.’

If you do something wrong because you did not get legal advice, this can have serious consequences for you. For example, if you
filled out your application wrong, or failed to mention important information in court, this can affect how your case is processed or
decided.

It is important to get legal advice even if you are not going to court. For example, if you sign a separation agreement without getting
legal advice, you may be giving up rights or entitlements without knowing it. A lawyer can tell you about your legal rights and
responsibilities, and advise you about whether to sign important legal documents such as a prenuptial, cohabitation or separation
agreement, or a ‘Quitclaim Deed.’

4. Wh a t i s ‘ i n d e p endent legal advice’? 

Independent legal advice means that you and the other party or parties involved with your case get advice from different lawyers. A
lawyer should only give advice to or represent one party. Otherwise, this is a conflict. Even if you are getting along with the other
party, both of you should still get advice from different lawyers.

If you are two grandparents making an application together, one lawyer can represent you both. If you and the other grandparent are
living together and are making an application together for decision-making responsibility for, or contact time or interaction with, your
grandchildren, this may be the one exception to this rule.

5. Ho w d o I f i n d a private lawyer? 
QUICKor
You can find contact information for family law lawyers in the phonebook EXIT
online. You may have a friend or family member who
knows a family law lawyer they can refer you to. If you have a lawyer for another legal issue, they may be able to refer you to a family
law lawyer as well. For example, if you have a real estate or business lawyer, that lawyer may know a family law lawyer that you can
speak with. Court staff cannot provide you with a list of lawyers.

You may be able to get help finding a lawyer through the Nova Scotia Barrister’s Society, on the website, or by calling (902) 422-
1491.

Some lawyers will offer consultations. Some may offer free initial consultations, or you may have to pay a fee. Every lawyer may
offer a different service.

To find a lawyer in another province, you can contact the Law Societies of that province or look in the Yellow Pages for lawyers
practicing in that area.

6. Wh a t a re u n b undled legal ser vic es? 

Hiring a lawyer to take on just part of a case can make legal costs much more affordable. This practice – known as ‘unbundling’ or
‘limited scope retainer’ – is now offered by many lawyers in Nova Scotia.

Unbundling legal services means you can hire a lawyer for just a section of your case, such as:

completing your court forms

offering general direction

assisting you by writing an affidavit

attending a hearing, and

providing legal research

The Nova Scotia Barristers’ Society updated its Code of Professional Conduct on February 22, 2013, to make rules that allow
lawyers to represent you for specific tasks rather than an entire case. These new rules are meant to provide guidance to lawyers who
provide unbundled services.

7. Ho w c a n u n b u ndled legal ser vic es work for me? 

8. Ca n I re p re s e n t myself? 

9. Are t h e re s e r v ices that can help me represent myself? 

10. H o w d o I g e t legal advice if I can’t afford a lawyer? 

There are many ways to get legal advice if you cannot hire your own lawyer. These ways may include:

getting a lawyer through Nova Scotia Legal Aid

meeting with a Summary Advice lawyer

accessing a lawyer through an Employee Assistance Plan, reachAbility, or lawyer referral service, or

meeting with a private lawyer for a consultation.

11. W h a t i s t h e L ISNS Lawyer Referral Ser vice? 


The Legal Information Society of Nova Scotia (LISNS) is a non-profitQUICK EXIT that provides legal information and resources, and
organization
operates the Lawyer Referral Service. You can contact the Lawyer Referral Service to get the name and contact information for a
lawyer in your area. You then contact the lawyer to arrange for a 30 minute appointment. This appointment is $20 + tax.

If you decide to hire the lawyer after the initial appointment, and the lawyer agrees to represent you, you will need to discuss how
much the lawyer will charge to represent you.

For more information about this service, visit the website, or call (902) 455-3135 or toll-free at 1-800-665-9779.

12. W h a t i s a n E m ployee Assistance Plan (EAP)? 

If you are employed, you may have an EAP through your workplace, or your current spouse or partner may have an EAP that you can
use. EAPs provide services to employees, and sometimes this will include a free or discounted meeting with a lawyer. Check with
your Human Resource Department or a supervisor or manager to see if you have an EAP.

13. W h a t i s L e g a l Aid? 

14. D o I q u a l i f y for Legal Aid? 

15. H o w d o I a p p l y for Nova Scotia Legal Aid? 

16. I t h i n k I q u a l i fy for Legal Aid, but my cour t matter isn’t happeni n g w h e re I l i ve . W h a t d o I d o ? 

17. W h a t i f t h e o ther par ty already has Legal Aid? Can I get it too? 

18. C a n I g e t h e l p from Nova Scotia Legal Aid if there is no cour t ca s e ? W h a t i s t h e N ova S c o t i a L e g a l A i d E a r l y



Refer ra l P ro c e s s ?

19. W h a t i s t h e D alhousie Legal Aid Ser vice (DL AS)? 

Dalhousie Legal Aid is a community law clinic, where staff lawyers and third-year Dalhousie law students provide legal advice and
representation to clients who qualify for this service. DLAS law students work under the direction of staff lawyers. Generally, to be
assigned a lawyer through DLAS, you must first apply for Legal Aid through the main Legal Aid office near you.

DLAS mainly does family law and youth criminal issues, but may offer assistance to clients in other areas as well.

For more information about DLAS, please visit the site, or contact them at (902) 423-8105.

20. M y L e g a l A i d application was rejected. Can I appeal this decision ? 

Yes. You must put your request for an appeal in writing, and send the request to the lawyer who made the decision, or to the Nova
Scotia Legal Aid Appeal Committee. The Committee’s contact information is:

Appeal Committee
Nova Scotia Legal Aid Commission
1701 Hollis Street, Suite 920
Halifax, NS
B3J 3M8
Phone: (902) 420-6578 or toll-free 1-877-420-6578
QUICK EXIT
Fax: (902) 420-3471
[email protected]

21. W h a t i s t h e S ummar y Advice Counsel ser vice? 

This service is available throughout Nova Scotia. Your case or issue must be somehow related to the court where the Summary
Advice lawyer is located. For example, if you are making an application to the court in Halifax, you should book an appointment with
the lawyer in Halifax.

The Summary Advice Counsel is a lawyer who assists people who need legal advice on a family law matter, but who do not have a
lawyer. The Summary Advice lawyer provides basic legal advice, free of charge, regardless of how much you make or where you get
your income.

The purpose of the Summary Advice Counsel service is to give people a better understanding of their legal rights and
responsibilities. The Summary Advice lawyer can give basic information about legal terms, how to start or respond to a court
application, court processes, legal documents, and other aspects of family law.

The Summary Advice lawyer can give advice on parenting arrangements, child support and spousal support, property division,
divorce, and most other family law matters and court processes.

The Summary Advice lawyer does not provide advice to parents involved in child protection matters, or for matters involving
Mi’kmaw Family Services. The Summary Advice lawyer may provide advice to a non-party to a child protection matter. For example,
if you are not directly involved with a child protection proceeding and are applying for decision-making responsibility for, or contact
with, the children involved.

The Summary Advice lawyer does not go to court with you. For more information about this service, click here.

You can contact your local Summary Advice lawyer to book an appointment by calling the appropriate number below:

Annapolis 902-742-0500 Pictou 902-485-7350

Antigonish 902-863-7312 Port Hawkesbury 902-625-2665

Amherst 902-667-2256 Sydney 902-563-2085

Bridgewater 902-543-4679 Truro 902-893-5840

Halifax 902-424-5616 Windsor 902-679-6075

Kentville 902-679-6075 Yarmouth 902-742-0500

22. W h a t d o c o u r t staff members do? 

23. W h e re c a n I f ind more legal information and suppor t? 

Click here for a list of services that provide general information about the law, court processes, or how to find a lawyer, including
services in French.

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