Introduction
The recent Comeau v. Fox decision has drawn attention to Justice Alex Pazaratz’s frank critique of lawyers who fail to go on the formal record in court matters. When lawyers do not fully identify themselves within court proceedings (also called “ghosting” or “unbundled representation”), it can create logistical headaches for judges, confuse other parties, and cause inefficiencies in the legal process. But beneath the surface is a bigger question: do judges fully appreciate the practical pressure and challenges lawyers face in day-to-day practice?
This case shines a spotlight on the importance of accountability and the court’s responsibility to ensure legal counsel meet professional standards. By looking at how judges remember (or sometimes forget) their own days in practice, we are reminded that everyone—litigants, lawyers, and judges—carries a duty to uphold respect for legal procedures. For parents caught in high-conflict family law disputes, understanding the procedural nuances such as going on the record can help avoid delays and confusion in custody matters.
Educational Breakdown
What Does “Going on the Record” Mean?
“Going on the record” means formally indicating in court documents or on the official record that you (as a lawyer) are representing a client. It involves filing a Notice of Appearance or other relevant forms to announce your involvement in a case. This ensures everyone knows who is responsible for communications, pleadings, and proceedings.
- Advantages: Ensures clarity regarding who represents each party, sets clear deadlines, and helps the court keep track of all counsel.
- Consequences of Failing to Go on the Record: Risk of missed court notices, confusion about who is in charge of a client’s case, and possible ethical concerns around “ghost representation.”
For a comprehensive overview of court processes, see CLEO (Community Legal Education Ontario) and Steps to Justice.
Why Justice Pazaratz Spoke Out
Justice Pazaratz noted that when lawyers don’t make their appearances official, it creates organizational chaos. Judges may not know whom to address, who is filing which motions, or how to manage scheduling. This can be especially detrimental in high-conflict custody cases, where every delay or misunderstanding can elevate stress levels and emotional tension for parents.
Do Judges Remember Their Lawyer Days?
In Comeau v. Fox, Justice Pazaratz’s comments raise the question of whether judges truly recall the practical realities of being a practicing lawyer. Many judges have dealt with heavy caseloads themselves and understand the pressure of daily tasks. However, the ruling suggests judges still expect lawyers to uphold clear ethical and procedural standards—no matter how busy they may be.
For a look at ethical guidelines and judicial commentary, you can explore CanLII and the Department of Justice Canada – Family Law resource pages.
Formal Procedures: Why They Matter
Formal procedures—like filing the correct forms and adhering to deadlines—are in place for a reason. They:
- Provide clarity for the court and all parties.
- Reduce delays by ensuring everyone knows next steps.
- Maintain professional accountability—a lawyer can’t duck responsibility.
Parents in contentious family law matters benefit from trustworthy representation, whether self-represented or working with a lawyer on the record.
Real-Life Scenarios or Common Questions
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“My Lawyer Is Helping Me Behind the Scenes. Is That Wrong?”
Unbundled legal services can help reduce costs. But if your lawyer is actively guiding you, it’s typically better to go on the record for a transparent, above-board process. -
“Could Failing to Go on the Record Affect My Child Custody Case?”
Yes. If the court doesn’t know who officially represents you, deadlines might be missed, and the judge could perceive you as disorganized. This may reflect poorly in any high-conflict custody dispute. -
“What if My Ex’s Lawyer Isn’t Formally on Record?”
You can politely inform the court if there’s confusion about representation. Ultimately, judges need accurate information to make informed decisions about custody and parenting time. -
“How Does This Impact Me if I’m Involved in a High-Conflict Divorce?”
Clarity matters. When both parties and their counsel are known to the court, miscommunication is minimized, and you focus on what’s best for your children, rather than procedural roadblocks.
For further guidance, check out the Attorney General of Ontario’s resources on family law.
Action Steps for Parents
As a parent navigating high-conflict family court matters, here are steps you can take right now:
- Stay Organized: Keep track of who is representing whom. If your lawyer is active in your case, consider ensuring they go on the record.
- Ask Questions: Clarify with your counsel whether they’ve formally filed a Notice of Appearance or other relevant documents.
- Document Incidents: Use Report An Incident to record concerning behavior by the other parent. A thorough, neutral record can be invaluable in court.
- Seek Clarity in Communication: When dealing with hostile emails, use the Email Law Buddy tool to craft responses that are Brief, Informative, Friendly, and Firm.
- Get Legal Insight: Confused about procedural requirements or forms? The Family Law Case Analysis Tool can guide you through deadlines, court documents, and strategic planning.
Legal Disclaimer: The information provided here is for educational purposes only and does not constitute legal advice. Always consult with a qualified family law professional for specific guidance on your case.
Navigating court processes can feel overwhelming, but by staying informed and using available resources—like CustodyBuddy’s incident reporting, email handling, and case analysis tools—you can approach your child custody matter with greater confidence and clarity. Remember: you are not alone—there are tools and professionals ready to help you take charge of your legal journey.