Managing a Family Law Practice on Two Tracks: Digital Practices and Court Processes

This article was originally published in Law360 Canada.

As a family lawyer practising in Ontario, I find myself navigating two distinct worlds simultaneously. One world moves quickly, dynamically driven by digital tools, client expectations of immediacy, and the efficiency required to manage multiple cases effectively. The other world moves at a very different pace, governed by the established timelines, procedures, and rhythms of the courts. Balancing these two realities is both a challenge and an essential skill for any lawyer aiming for professional success.

Consider the typical day of a family lawyer. We may spend the morning reviewing urgent client emails, arranging Zoom calls, and quickly turning around legal documents — tasks which are increasingly streamlined by digital tools. Clients today expect immediacy. They are accustomed to rapid responses, real-time updates, and digital convenience, mirroring their daily experiences outside the legal sphere. Lawyers must meet these expectations to remain competitive and provide genuinely responsive service.

Yet, while this digital efficiency shapes one half of our professional reality, the other half is decidedly different. The courts operate on their own timelines characterized by structured procedures, fixed deadlines, and judicial processes that unfold at their own deliberate pace. It is not unusual to wait weeks or even months for a judge's decision on matters that clients, understandably, see as urgent.

This contrast between the two tracks is becoming more pronounced as digital practices become the norm for law firms. Lawyers find themselves frequently shifting between the fast-paced environment of digital client engagement and the slower, methodical tempo of the court system. The ability to navigate both effectively is becoming an increasingly valuable skill.

One clear example of this dual track lies in how we handle court documents. Lawyers now use secure cloud platforms to store and manage documents, allowing rapid drafting and editing, and efficient client collaboration. Documents such as affidavits or facta, which previously required lengthy in-person meetings, can now be reviewed and finalized within hours or days. Clients appreciate this speed and convenience, expecting documents to be prepared, shared, and revised quickly.

However, once these digitally prepared documents are ready for submission, the pace changes dramatically. Lawyers then face rigid court filing deadlines, which demand meticulous attention to specific formatting requirements, carefully structured wording, and often precise filing instructions. The deadlines themselves, while fixed, are juxtaposed against uncertain wait times for the actual court responses. Lawyers and clients must navigate this inherent uncertainty together, which can strain even the most efficient digital workflows.

The courtroom itself represents another sharp divide. Lawyers are required to schedule hearings or appearances on specific dates assigned by the court, but the actual time at which the hearing will commence is frequently unknown until the day itself. Lawyers and their clients may spend hours in uncertainty, waiting for their case to be called. This uncertainty contrasts starkly with the expectation of precise scheduling and immediate responsiveness that digital platforms have conditioned clients to expect. It can be challenging to explain to a client accustomed to digital efficiency why we cannot provide exact hearing times or guarantee quick resolutions.

Yet, experienced lawyers learn to handle these contrasting demands. We use digital calendars, reminders, and notifications to manage and anticipate court deadlines, appearances, and filing requirements. Digital tools that allow seamless communication with clients help us manage their expectations, clearly outlining the nature of court processes, including the potential delays and uncertainties inherent in judicial decision-making. Lawyers who are adept at explaining these two worlds to their clients not only maintain professional credibility but also build trust and understanding.

Effective time management becomes essential. Lawyers often structure their days carefully, allocating specific times to digital client engagement and other periods exclusively dedicated to navigating court demands. By clearly demarcating time for digital responsiveness and time for court preparation, lawyers maintain productivity and clarity in their daily practice. This approach is crucial for sustaining quality legal service and, frankly, mental well-being in an environment marked by constant shifting between rapid digital interactions and slower procedural work.

Another important strategy is expectation management. Clearly communicating with clients about realistic timelines for court responses, the reasoning behind procedural requirements, and the significance of deadlines and document specifics helps reduce frustration. Clients are typically understanding if they feel fully informed and know that their lawyer is proactively managing the tension between the speed of digital interactions and the deliberate pace of judicial decision-making.

The ongoing digitization of court filings and virtual hearings has further complicated this landscape, blending the two worlds but not entirely reconciling their distinct demands. Online filings through the court’s “portals” provide convenience but still require adherence to exact procedural rules. Virtual hearings eliminate travel time and offer flexibility but frequently retain inherent uncertainties in scheduling and timing. While digital developments in court operations represent progress, they have not fundamentally altered the distinct pace at which courts function.

In essence, today’s family lawyers (and not just family lawyers) must become adept at operating seamlessly across two distinct rhythms: the dynamic, digital pace of client interactions and legal practice, and the structured, methodical tempo dictated by court procedures and judicial timelines. Success in this dual track is about more than technological proficiency — it involves clear communication, careful management of client expectations, strategic time allocation, and ongoing adaptability.

For young lawyers or those still developing their practices, recognizing and mastering these two tracks early on can provide significant professional advantage. Digital agility is increasingly non-negotiable, and competence in navigating court systems remains foundational. Those who excel in managing this dual-track environment will find themselves better able to serve their clients effectively, achieve professional efficiency, and maintain the composure and clarity needed to thrive in today's legal landscape.