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Difference between revisions of "You and Your Lawyer"
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==Introduction== | ==Introduction== | ||
All lawyers in British Columbia are members of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia]. Many are also members of the [http://www.cba.org/ Canadian Bar Association] and local bar associations like the [http://www.vancouverbar.ca/ Vancouver Bar Association], the [http://www.vicbar.com/ Victoria Bar Association] or the [http://www.tlabc.org/ Trial Lawyers Association of British Columbia]. The Law Society's primary purpose is to govern and regulate lawyers to protect the public interest. As officers of the court and as members of the Law Society, lawyers are held to a high standard of conduct. | All lawyers in British Columbia are members of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia]. Many are also members of the [http://www.cba.org/ Canadian Bar Association] and local bar associations like the [http://www.vancouverbar.ca/ Vancouver Bar Association], the [http://www.vicbar.com/ Victoria Bar Association], or the [http://www.tlabc.org/ Trial Lawyers Association of British Columbia]. The Law Society's primary purpose is to govern and regulate lawyers to protect the public interest. As officers of the court and as members of the Law Society, lawyers are held to a high standard of conduct. | ||
Your lawyer's primary job is to protect and <span class="noglossary">advance</span> your legal interests. At the same time, your lawyer must follow this high standard of conduct and <span class="noglossary">act</span> at all times in an ethical manner. Lawyers' duties to their clients, to each other and to the courts are governed by: | Your lawyer's primary job is to protect and <span class="noglossary">advance</span> your legal interests. At the same time, your lawyer must follow this high standard of conduct and <span class="noglossary">act</span> at all times in an ethical manner. Lawyers' duties to their clients, to each other, and to the courts are governed by: | ||
*the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/legal-profession-act/ Legal Profession Act]'', | *the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/legal-profession-act/ Legal Profession Act]'', | ||
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Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, they install your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim. | Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, they install your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim. | ||
You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell them to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps even refuse to accept your instructions. You should especially expect your lawyer to tell you if what you want to do <span class="noglossary">will</span> be harmful to your case. Your lawyer is not your "friend". They are a professional who should tell you what you need to hear about your case, and offer objective and reasoned, not emotionally motivated guidance. This can be a bit disconcerting to a person experiencing a high level of emotional distress. | You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell them to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps even refuse to accept your instructions. You should especially expect your lawyer to tell you if what you want to do <span class="noglossary">will</span> be harmful to your case. Your lawyer is not your "friend". They are a professional who should tell you what you need to hear about your case, and offer objective and reasoned, not emotionally motivated, guidance. This can be a bit disconcerting to a person experiencing a high level of emotional distress. | ||
Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different. | Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different. | ||