Difference between revisions of "Choosing a Lawyer"
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{{Dial-A-Law | {{REVIEWEDPLS | reviewer = [https://ascentemploymentlaw.ca/about/team/richard-b-johnson/], Richard Johnson|date= March 2024}} {{Dial-A-Law TOC|expanded = help}} | ||
A lawyer can help you understand how the law applies to your situation and, if required, represent you in resolving the matter. Learn the steps involved in choosing a lawyer. | |||
==What you should know== | |||
===Why you might need a lawyer=== | ===Why you might need a lawyer=== | ||
If you have a legal problem, a lawyer can help you figure out what to do. They can tell you how the law applies to your situation and what your options are. They can tell you what they think will happen based on other cases | If you have a legal problem, a lawyer can help you figure out what to do. They can tell you how the law applies to your situation and what your options are. They can tell you what they think will happen based on other cases they’ve worked on, and can represent you if required. A lawyer can help you get the best result possible. | ||
If you have been seriously injured or mistreated, a lawyer can help you seek compensation. If you are facing criminal charges or a lawsuit, a lawyer can help you understand your rights, and the strengths and weaknesses of your case. A lawyer knows the rules and procedures for arguing the case in court. A lawyer can make a big difference in whether or not your side of the story is | If you have been seriously injured or mistreated, a lawyer can help you seek compensation. If you are facing criminal charges or a lawsuit, a lawyer can help you understand your rights, and the strengths and weaknesses of your case. A lawyer knows the rules and procedures for arguing the case in court. A lawyer can make a big difference in whether or not your side of the story is effectively presented to a judge or jury. | ||
A lawyer can help you prepare a will, plan for your future care, or buy a new home. They can advise you on starting a small business or negotiate an employment contract. They can ease the pain of a family breakup, helping you negotiate a separation agreement, resolve any issues with children, or get a divorce order. | A lawyer can help you prepare a will, plan for your future care, or buy a new home. They can advise you on starting a small business or negotiate and understand an employment contract. They can ease the pain of a family breakup, helping you negotiate a separation agreement, resolve any issues with children, or get a divorce order. | ||
===Lawyers can provide a full range of legal services=== | ===Lawyers can provide a full range of legal services=== | ||
Lawyers are | Lawyers are available to assist clients with all legal matters. They often limit their practices to certain types of issues such as real estate, wills and estates, family law, immigration law, criminal law, employment law, and advising businesses. Some lawyers choose to focus on certain areas of law — for example, courtroom work (also called '''litigation''') or transactional work (also called '''solicitor’s''' practice). | ||
Lawyers have extensive training in the law. They are licensed by a regulator (the [https://www.lawsociety.bc.ca Law Society of BC]) that sets standards for practice and requires ongoing professional development. Lawyers are insured against malpractice, which means that if they | Lawyers have extensive training in the law. They are licensed by a regulator (the [https://www.lawsociety.bc.ca Law Society of BC]) that sets standards for practice and requires ongoing professional development. Lawyers are '''insured''' against malpractice, which means that if they make mistakes or cause issues in the course of their work that result in harm, they have an insurance policy that can compensate you. | ||
===Notaries offer some legal services=== | ===Notaries offer some legal services=== | ||
In British Columbia, '''notaries''' are able to assist clients with certain types of transactional matters. For example, a notary (also called a “notary public”) can prepare the paperwork to buy or sell a home or business. They can prepare most types of wills, as well as personal planning documents such as a power of attorney or a representation agreement. | In British Columbia, '''notaries''' are able to assist clients with certain types of transactional matters. For example, a notary (also called a “notary public”) can prepare the paperwork to buy or sell a home or business. They can prepare most types of wills, as well as personal planning documents such as a power of attorney or a representation agreement. | ||
They also notarize documents, such as affidavits and documents that must be certified, and prepare travel paperwork, such as passport applications and proof of identity documents for travelling. | They can also notarize documents, such as affidavits and documents that must be certified, and prepare travel paperwork, such as passport applications and proof of identity documents for travelling. | ||
Notaries do not represent clients in court. For example, they don’t assist clients with criminal matters, family matters, or disputes that can end up in court. If a real estate transaction collapses, for instance, and the parties are fighting about who is responsible, a notary can’t help. You can seek the help of a lawyer. | Notaries do not represent clients in court. For example, they don’t assist clients with criminal matters, family matters, or disputes that can end up in court. If a real estate transaction collapses, for instance, and the parties are fighting about who is responsible, a notary can’t help. You can seek the help of a lawyer. | ||
| Line 28: | Line 26: | ||
Instead of hiring a lawyer to handle your entire legal matter, you can hire a lawyer to handle specific parts. Doing so “unbundles” these tasks from the parts you can do yourself. With '''unbundled legal services''', you get assistance where you need it most, at a cost you can manage. You pay only for the tasks the lawyer works on. | Instead of hiring a lawyer to handle your entire legal matter, you can hire a lawyer to handle specific parts. Doing so “unbundles” these tasks from the parts you can do yourself. With '''unbundled legal services''', you get assistance where you need it most, at a cost you can manage. You pay only for the tasks the lawyer works on. | ||
For example, if you’re going to court, you can hire a lawyer to help you prepare documents or to coach you on how to present your case. | For example, if you’re going to court, you can hire a lawyer to help you prepare documents or to coach you on how to present your case. You can then go to court and represent yourself using that coaching. | ||
Unbundling works well for many people and many types of legal matters — but not for all. To learn about unbundled legal services and whether it might be a good fit for your situation, see [http://unbundlinglaw.ca unbundlinglaw.ca]. | Unbundling works well for many people and many types of legal matters — but not for all. To learn about unbundled legal services and whether it might be a good fit for your situation, see [http://unbundlinglaw.ca/ unbundlinglaw.ca]. | ||
==Steps to choose a lawyer== | ==Steps to choose a lawyer== | ||
| Line 36: | Line 34: | ||
===Step 1. Think about what you need=== | ===Step 1. Think about what you need=== | ||
Think about the type of lawyer you want to work with. For example, find out if they: | Think about the type of lawyer you want to work with. For example, find out if they: | ||
*offer services in the | * offer services in the area of law you need | ||
*have experience dealing with cases like yours | * have experience dealing with cases like yours | ||
*offer “unbundled” services, where (as explained above) you hire them to help with part of your legal matter | * offer “unbundled” services, where (as explained above) you hire them to help with part of your legal matter | ||
* come recommended from friends or family, or have favourable reviews online | |||
===Step 2. Find a lawyer=== | ===Step 2. Find a lawyer=== | ||
Here are some ways to find a lawyer in British Columbia. | |||
==== | ====The Lawyer Referral Service==== | ||
The Lawyer Referral Service, operated by Access Pro Bono, helps connect you with a lawyer for a free 15-minute consultation. You explain your situation, and the service suggests a lawyer who does that type of law in your area of the province. You can schedule an appointment with them for a free 15-minute consultation to see if you want to hire them. [https://www.accessprobono.ca/our-programs/lawyer-referral-service See their website for details]. | |||
==== | ====The BC Legal Directory==== | ||
The Canadian Bar Association, BC Branch provides a directory that allows you to search for a lawyer by community or area of law. It can be a good way to find a lawyer with expertise in a certain area. Many lawyers will provide a free consultation to see if you want to hire them. [https://www.cbabc.org/Directory/Find-a-Lawyer/_Search You can search the directory here]. | |||
{| class="wikitable" | |||
|align="left"|'''Find a notary''' | |||
As described above, '''notaries''' can help with some legal matters in BC, such as preparing a will or other planning documents, or buying or selling a home. On [https://www.bcnotaryassociation.ca/find/ the BC Notaries Association website], you can search for a notary in your area of the province. | |||
|} | |||
==== | ====If you have a low or modest income==== | ||
If you | * If you are facing some types of criminal, family, or immigration problems, [https://legalaid.bc.ca/services Legal Aid BC] may be able to provide you with a lawyer for free. | ||
* [https://clasbc.net/ Community Legal Assistance Society] (CLAS) provides free legal assistance to people facing certain types of eviction, human rights, or work-related issues. | |||
* With [https://www.accessprobono.ca/get-legal-help pro bono legal services], lawyers volunteer to provide free legal advice to those who can’t afford a lawyer or get legal aid. | |||
We explain these options and more in our page on [https://www.accessprobono.ca/get-legal-help free and low-cost legal help]. | |||
===Step 3. Prepare for the first interview=== | ===Step 3. Prepare for the first interview=== | ||
| Line 59: | Line 64: | ||
====Collect and organize your information==== | ====Collect and organize your information==== | ||
Your lawyer can best serve you if they have a clear picture of your problem and goal. Make notes of all the facts of your case, in an organized way — usually chronologically (by time) is best. Gather and organize all the documents on your case. Bring the notes and documents to | Your lawyer can best serve you if they have a clear picture of your problem and goal. Make notes of all the facts of your case, in an organized way — usually chronologically (by time) is best. Gather and organize all the documents on your case. Bring the notes and documents to your meeting. | ||
For example, if you | For example, if you think someone has defamed you, write down what was said and who heard it. Bring any records you have of the defamatory statements, like emails or texts. Gather any evidence you have that proves the identity of the person who made the comments. This lets the lawyer advise you properly and efficiently. | ||
====Ask lots of questions==== | |||
At the first interview with a lawyer, they are getting information about you. As well, you are deciding if you want to hire them to help you with your legal matter. Use this opportunity to get as much information as you can. Ask questions, such as: | At the first interview with a lawyer, they are getting information about you. As well, you are deciding if you want to hire them to help you with your legal matter. Use this opportunity to get as much information as you can. Ask questions, such as: | ||
*Does the lawyer have experience in your type of matter? | * Does the lawyer have experience in your type of matter? | ||
*How long will your matter probably take? | * How long will your matter probably take? | ||
*Can the lawyer work on your matter right away? | * Can the lawyer work on your matter right away? | ||
*What steps will resolve your matter and how much time will each step likely take? | * What steps will resolve your matter and how much time will each step likely take? | ||
*How will the lawyer keep in touch with you? | * How will the lawyer keep in touch with you? | ||
====Ask about fees and expenses==== | ====Ask about fees and expenses==== | ||
Always ask about fees and expenses in the first interview. Ask the lawyer to estimate | Always ask about fees and expenses in the first interview. Ask the lawyer to estimate how much it will cost to fully deal with your legal matter — including expenses (called '''disbursements'''). Ask the lawyer: | ||
*How they charge — a flat rate, by the hour, or a percentage of what you win? | * How they charge — a flat rate, by the hour, or a percentage of what you win? | ||
*How much is their | * How much is their retainer? (A retainer is the amount to pay before the lawyer starts work.) | ||
*How they will bill you: monthly or at the end? | * How they will bill you: monthly or at the end? | ||
See our information on [ | See our information on [https://dialalaw.peopleslawschool.ca/lawyers-fees/ lawyers’ fees] for more on this topic. | ||
====Ask if you have a strong case==== | ====Ask if you have a strong case==== | ||
If you are in a dispute, ask the lawyer for a realistic opinion of your case and your chance of winning. Should you settle the case instead of suing? Can you do anything to reduce the lawyer’s time on your case, and to reduce your costs? | If you are in a dispute, ask the lawyer for a realistic opinion of your case and your chance of winning. Should you settle the case instead of suing? Can you do anything to reduce the lawyer’s time on your case, and to reduce your costs? | ||
===Step 4. Decide on how to proceed=== | ====Find “fit”==== | ||
Most legal matters are stressful. Make sure you feel comfortable with the lawyer you choose and that you can talk with them openly about your matter. That relationship of trust and honesty is really important. | |||
===Step 4. Decide on how to proceed=== | |||
In your meeting with the lawyer, they will provide you with their '''retainer agreement''' (a type of contract). It outlines how you would work together and how the lawyer’s fee would be calculated and paid. If both you and the lawyer decide to proceed, you would sign the retainer agreement. | In your meeting with the lawyer, they will provide you with their '''retainer agreement''' (a type of contract). It outlines how you would work together and how the lawyer’s fee would be calculated and paid. If both you and the lawyer decide to proceed, you would sign the retainer agreement. | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|''' | |align="left"|'''Good communication is key''' | ||
Problems between lawyers and clients often result from poor communication. Once you hire a lawyer, tell them you want to be informed of all developments. A good way to do this is having the lawyer automatically send you a copy of all correspondence on your matter. If problems come up, start by discussing your concerns directly with the lawyer. For more, see our information on [ | Problems between lawyers and clients often result from poor communication. Once you hire a lawyer, tell them you want to be informed of all developments. A good way to do this is having the lawyer automatically send you a copy of all correspondence on your matter. If problems come up, start by discussing your concerns directly with the lawyer. For more, see our information on [https://dialalaw.peopleslawschool.ca/problem-with-a-lawyer/ if you have a problem with your lawyer]. | ||
|} | |} | ||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
Latest revision as of 02:27, 5 April 2024
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by [1], Richard Johnson in March 2024. |
A lawyer can help you understand how the law applies to your situation and, if required, represent you in resolving the matter. Learn the steps involved in choosing a lawyer.
What you should know
Why you might need a lawyer
If you have a legal problem, a lawyer can help you figure out what to do. They can tell you how the law applies to your situation and what your options are. They can tell you what they think will happen based on other cases they’ve worked on, and can represent you if required. A lawyer can help you get the best result possible.
If you have been seriously injured or mistreated, a lawyer can help you seek compensation. If you are facing criminal charges or a lawsuit, a lawyer can help you understand your rights, and the strengths and weaknesses of your case. A lawyer knows the rules and procedures for arguing the case in court. A lawyer can make a big difference in whether or not your side of the story is effectively presented to a judge or jury.
A lawyer can help you prepare a will, plan for your future care, or buy a new home. They can advise you on starting a small business or negotiate and understand an employment contract. They can ease the pain of a family breakup, helping you negotiate a separation agreement, resolve any issues with children, or get a divorce order.
Lawyers can provide a full range of legal services
Lawyers are available to assist clients with all legal matters. They often limit their practices to certain types of issues such as real estate, wills and estates, family law, immigration law, criminal law, employment law, and advising businesses. Some lawyers choose to focus on certain areas of law — for example, courtroom work (also called litigation) or transactional work (also called solicitor’s practice).
Lawyers have extensive training in the law. They are licensed by a regulator (the Law Society of BC) that sets standards for practice and requires ongoing professional development. Lawyers are insured against malpractice, which means that if they make mistakes or cause issues in the course of their work that result in harm, they have an insurance policy that can compensate you.
Notaries offer some legal services
In British Columbia, notaries are able to assist clients with certain types of transactional matters. For example, a notary (also called a “notary public”) can prepare the paperwork to buy or sell a home or business. They can prepare most types of wills, as well as personal planning documents such as a power of attorney or a representation agreement.
They can also notarize documents, such as affidavits and documents that must be certified, and prepare travel paperwork, such as passport applications and proof of identity documents for travelling.
Notaries do not represent clients in court. For example, they don’t assist clients with criminal matters, family matters, or disputes that can end up in court. If a real estate transaction collapses, for instance, and the parties are fighting about who is responsible, a notary can’t help. You can seek the help of a lawyer.
You can hire a lawyer to just handle parts of your legal matter
Instead of hiring a lawyer to handle your entire legal matter, you can hire a lawyer to handle specific parts. Doing so “unbundles” these tasks from the parts you can do yourself. With unbundled legal services, you get assistance where you need it most, at a cost you can manage. You pay only for the tasks the lawyer works on.
For example, if you’re going to court, you can hire a lawyer to help you prepare documents or to coach you on how to present your case. You can then go to court and represent yourself using that coaching.
Unbundling works well for many people and many types of legal matters — but not for all. To learn about unbundled legal services and whether it might be a good fit for your situation, see unbundlinglaw.ca.
Steps to choose a lawyer
Step 1. Think about what you need
Think about the type of lawyer you want to work with. For example, find out if they:
- offer services in the area of law you need
- have experience dealing with cases like yours
- offer “unbundled” services, where (as explained above) you hire them to help with part of your legal matter
- come recommended from friends or family, or have favourable reviews online
Step 2. Find a lawyer
Here are some ways to find a lawyer in British Columbia.
The Lawyer Referral Service
The Lawyer Referral Service, operated by Access Pro Bono, helps connect you with a lawyer for a free 15-minute consultation. You explain your situation, and the service suggests a lawyer who does that type of law in your area of the province. You can schedule an appointment with them for a free 15-minute consultation to see if you want to hire them. See their website for details.
The BC Legal Directory
The Canadian Bar Association, BC Branch provides a directory that allows you to search for a lawyer by community or area of law. It can be a good way to find a lawyer with expertise in a certain area. Many lawyers will provide a free consultation to see if you want to hire them. You can search the directory here.
| Find a notary
As described above, notaries can help with some legal matters in BC, such as preparing a will or other planning documents, or buying or selling a home. On the BC Notaries Association website, you can search for a notary in your area of the province. |
If you have a low or modest income
- If you are facing some types of criminal, family, or immigration problems, Legal Aid BC may be able to provide you with a lawyer for free.
- Community Legal Assistance Society (CLAS) provides free legal assistance to people facing certain types of eviction, human rights, or work-related issues.
- With pro bono legal services, lawyers volunteer to provide free legal advice to those who can’t afford a lawyer or get legal aid.
We explain these options and more in our page on free and low-cost legal help.
Step 3. Prepare for the first interview
Once you find a lawyer, arrange a time to meet with them. At this first interview, they will want information about you and your situation, in order to provide you with the best advice.
Collect and organize your information
Your lawyer can best serve you if they have a clear picture of your problem and goal. Make notes of all the facts of your case, in an organized way — usually chronologically (by time) is best. Gather and organize all the documents on your case. Bring the notes and documents to your meeting.
For example, if you think someone has defamed you, write down what was said and who heard it. Bring any records you have of the defamatory statements, like emails or texts. Gather any evidence you have that proves the identity of the person who made the comments. This lets the lawyer advise you properly and efficiently.
Ask lots of questions
At the first interview with a lawyer, they are getting information about you. As well, you are deciding if you want to hire them to help you with your legal matter. Use this opportunity to get as much information as you can. Ask questions, such as:
- Does the lawyer have experience in your type of matter?
- How long will your matter probably take?
- Can the lawyer work on your matter right away?
- What steps will resolve your matter and how much time will each step likely take?
- How will the lawyer keep in touch with you?
Ask about fees and expenses
Always ask about fees and expenses in the first interview. Ask the lawyer to estimate how much it will cost to fully deal with your legal matter — including expenses (called disbursements). Ask the lawyer:
- How they charge — a flat rate, by the hour, or a percentage of what you win?
- How much is their retainer? (A retainer is the amount to pay before the lawyer starts work.)
- How they will bill you: monthly or at the end?
See our information on lawyers’ fees for more on this topic.
Ask if you have a strong case
If you are in a dispute, ask the lawyer for a realistic opinion of your case and your chance of winning. Should you settle the case instead of suing? Can you do anything to reduce the lawyer’s time on your case, and to reduce your costs?
Find “fit”
Most legal matters are stressful. Make sure you feel comfortable with the lawyer you choose and that you can talk with them openly about your matter. That relationship of trust and honesty is really important.
Step 4. Decide on how to proceed
In your meeting with the lawyer, they will provide you with their retainer agreement (a type of contract). It outlines how you would work together and how the lawyer’s fee would be calculated and paid. If both you and the lawyer decide to proceed, you would sign the retainer agreement.
| Good communication is key
Problems between lawyers and clients often result from poor communication. Once you hire a lawyer, tell them you want to be informed of all developments. A good way to do this is having the lawyer automatically send you a copy of all correspondence on your matter. If problems come up, start by discussing your concerns directly with the lawyer. For more, see our information on if you have a problem with your lawyer. |
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