Presentation at the Ontario Bar Association on April 30, 2012.

1. Litigating Family Law Economically
The Case Study of My Support
Calculator, and Lessons for the Civil
Litigation Bar
“Litigating Economically,”
Ontario Bar Association (OBA),
April 30, 2012
Omar Ha-Redeye, JD
General Manager,
My Support Calculator

2. Family Law in Crisis
• Chief Justice Warren Winkler:
– The current family law system is too slow, too
complex, too adversarial and, above all, too costly.
There is no other area of the justice system where we
have the opportunity to bring about reforms that will
have a greater positive impact on Ontarians. Despite
improvements in family law services that have been
made in recent years, much more must be done if
substantial improvements are to be made. In my
opinion, family law reform must be our highest
priority.

3. Public Outrage

4. Rules of Professional Conduct
• 4.06 (1) A lawyer shall encourage public
respect for and try to improve the
administration of justice.

5. Why the Crisis?
• Nicholas Bala and Rachel Birnbaum (2011)
– inability to afford a lawyer
– unrepresented parties increases the costs for the
represented party and for justice system
• more difficult to settle
• delays due to lack of familiarity
• may cost more than not hiring a lawyer

6. Statement of Principles on Self-
represented Litigants and Accused
Persons
• 4. Self-represented persons, like all other
litigants, are subject to the provisions whereby
courts maintain control of their proceedings and
procedures. In the same manner as with other
litigants, self-represented persons may be treated
as vexatious or abusive litigants where the
administration of justice requires it. The ability of
judges to promote access may be affected by the
actions of self-represented litigants themselves.

7. The Lawyer as an Educator
• 7% of lawyers report that self-represented
litigants believe they can do a better job than
a lawyer (Birnbaum & Bala)
• The Spousal Support Advisory Guidelines
(SSAGs) are not legislation, but are incredibly
complex
– Essentially impossible for self-reps to accurately
calculate support

8. My Support Calculator
• launched in 2011
• only site in Canada providing the public free
and accurate child support and spousal
support calculations
– calculation is very simplified
– intended to provide a starting point for litigants
– rough estimate of support as a starting point for
calculations

9. Unbundled Services
• 85% lawyers already provide limited scope
retainers (Birnbaum & Bala)
• Website lists directory of practitioners, some
of whom offer unbundled services
• Public can more readily identify areas where
they require assistance
– Special expenses, dividends, self-employed, etc.
• New Rules of Professional Conduct

10. More Information
• Website: http://mysupportcalculator.ca
• Blog: http://mysupportcalculator.ca/blog
• E-mail: omar@mysupportcalculator.ca
• Twitter: https://twitter.com/#!/MySupportCalc
• Facebook: http://www.facebook.com/pages/My-Support-
Calculator/126736450756512
• YouTube: http://www.youtube.com/user/mysupportcalculator