Why is Screening for Financial Abuse Important?
Family lawyers have an obligation to screen for all forms of family violence under BC’s Family Law Act, but few have received the training and support they need to do so effectively.
Financial abuse, in particular, is a form of family violence that has been historically under-recognized.
We often see lawyers only consider financial abuse when dealing with property division; however, financial abuse can impact every aspect of a family law file, including impacting the client’s ability to give instructions. Just as a lawyer would consider physical abuse in all aspects of a file, for example, how it may impact parenting arrangements, or the client’s safety when attending court or mediation; lawyers should do the same when there has been financial abuse. Without the right tools, it can be hard to identify when financial abuse has occurred, or to know what to do next.
Learning how to screen for financial abuse is an important initial tool for a family lawyer, as it informs all the next steps. However, financial abuse can be hard to argue and establish, and lawyers need tools beyond just screening. They need tools on how to create an evidentiary record, and how to draft clear, concise, and enforceable financial disclosure and support orders. Having knowledge of relevant precedents and case law also sets a family lawyer up for success.
Understanding how to screen for financial abuse can also decrease liability down the road if something goes wrong. Family Lawyers have one of the highest rates of LIF claims of any practice area, and ensuring that your work and your practice is protected is very beneficial.
Rise Professional Legal Education (RPLE) is creating trainings and building tools to help family lawyers better screen for and respond to financial abuse. Our training, Screening for Financial Abuse is a 2 hour, CPD accredited training designed to empower family lawyers in their practice.
In the training, family lawyers will learn:
How to screen for financial abuse both pre and post separation, including unique examples of financial abuse that we have seen on the front-lines.
Takeaway questions for clients to help identify next steps.
How to create an evidentiary record to demonstrate financial abuse.
How to draft clear, concise, and enforceable financial disclosure and support orders.
Screening for financial abuse is an important part of ensuring lawyers can meet their professional and ethical obligation to screen for family violence, but it doesn’t have to be scary. Our training will set you up for success.