What type of lawyer do I need for a DPJ (Youth Protection Services) case?

Unlike some professions, such as medicine, lawyers do not specialize, or only minimally, during their studies. Therefore, they can practice in all areas of law upon graduation. During their careers, they can decide to change areas without any additional mandatory training. However, their code of ethics requires them to only accept cases for which they possess the necessary expertise.

So what happens when the Youth Protection Services (DPJ) enters your life? You might be tempted to think that family lawyers handle these types of cases, since they involve children. However, DPJ cases fall under the umbrella of youth protection law, a distinct legal field. Some lawyers practice primarily in this area and regularly work with families affected by DPJ intervention. This sustained experience fosters a nuanced understanding of the mechanisms, obligations, and specific steps involved in these cases.

Family lawyers, for their part, handle various types of cases: child custody, visitation rights with the non-custodial parent, child support, divorces, etc. They generally practice in Superior Court in cases where the Youth Protection Services (DPJ) are not involved. Some family lawyers also accept cases in youth protection.

Can you have a different lawyer for your divorce and your Youth Protection Services (DPJ) case? Yes, absolutely. In some cases, it's even recommended. If the lawyer handling your divorce isn't familiar with the Youth Protection Services, you risk missing out on valuable advice that only those who know about these services have.

How do I choose my lawyer? Make sure your lawyer has a well-established practice in the region where your case will be heard by the court. This way, they will know exactly who to contact based on the specific issues in your case. Also, ensure that your lawyer's practice focuses primarily on youth law. To verify this information, you can consult a lawyers' directory and check the areas of practice of the lawyer you are considering, or you can simply ask them.

Does a good lawyer have to be very expensive? Not necessarily. In youth protection cases, most lawyers accept legal aid mandates. If you are not eligible for legal aid, you will have to pay their fees: some bill by the hour, and others charge flat fees. Since defenses are oral in youth protection cases, few documents are written by the parents' lawyers, which significantly reduces costs. Furthermore, your lawyer is often in court, as emergency applications are frequent. Therefore, if your lawyer is in court for several cases, they will not charge you for their fees for the entire day.

As mentioned earlier, it's advisable to have a lawyer with a well-established practice in the judicial district where your case is being handled. Therefore, it's normal for them to have a higher caseload than lawyers practicing in other areas. However, if your lawyer isn't returning your calls, isn't keeping you informed of court dates, or isn't providing you with certain information, they may be carrying too many cases.

In a context as sensitive as youth protection, being well supported, informed and understood can make all the difference in how one navigates the process.

Every situation is unique. If you would like to discuss it or obtain personalized advice, our lawyers are available to assist you: 438-838-6638 ext. 2 or by email at info@cabinetdux.com

Article written by Anne-Sophie Dupuis . Discover her practice and the services she offers.

FAQ

Can any lawyer handle a DPJ case?

In theory, yes. However, lawyers must only accept cases they are competent to handle.

Should I hire a family lawyer for a DPJ case?

Not necessarily. DPJ cases fall under youth protection law, which is a distinct area.

What is the difference between a family lawyer and a DPJ lawyer?

Family lawyers handle divorce, custody, and support. DPJ lawyers deal with youth protection cases and DPJ interventions.

Can I have two lawyers (one for divorce and one for DPJ)?

Yes. In some cases, this is recommended.

Why choose a lawyer who regularly handles DPJ cases?

Because they understand the system, the stakeholders, and the specific realities of these cases.

Is it important that my lawyer works in my region?

Yes. A local lawyer is familiar with the court and local practices.

How can I verify a lawyer’s area of practice?

You can check the Barreau du Québec directory or ask the lawyer directly.

Are DPJ lawyers expensive?

Not necessarily. Many accept legal aid mandates.

What if I don’t qualify for legal aid?

You will have to pay legal fees, which may be hourly or fixed.

Why can DPJ cases be less costly?

Because proceedings are mostly oral and involve fewer written procedures.

Is it normal for a DPJ lawyer to have many files?

Yes. However, they should still be responsive and keep you informed.

When should I be concerned about my lawyer’s availability?

If your calls are not returned or you are not kept informed of important developments.

How do I know if I chose the right lawyer?

You should feel heard, understood, and well informed.