Choosing a Lawyer: Difference between revisions

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.

Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.

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+{{REVIEWEDPLS | reviewer = [https://ascentemploymentlaw.ca/about/team/richard-b-johnson/], Richard Johnson|date= March 2024}} {{Dial-A-Law TOC|expanded = help}}
-{{Dial-A-Law Blurb}}
+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.
-This script explains why people need lawyers, how to choose one, and how to prepare for the first interview. You can also check the following scripts:
+==What you should know==
-*[[If You Have a Problem With Your Lawyer (Script 436)|436]], called “If You Have a Problem with Your Lawyer”
-*[[Lawyers' Fees (Script 438)|438]], called “Lawyers’ Fees”
-Also, see the BC Law Society’s website at [http://www.lawsociety.bc.ca www.lawsociety.bc.ca] for information on how to choose a lawyer and what to do at the first meeting.
+===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.
-==When do you need a lawyer?==
+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.
-If you need legal help or advice, you need a lawyer. People use lawyers for many reasons – business and personal. Lawyers deal with a wide range of cases including wills, real estate, leases, contracts, separation agreements, divorces, and car accidents. Lawyers also work on criminal cases like impaired driving and assault. Lawyers are trained to understand and interpret the law. They defend your rights and tell you how the law applies to your business or personal situation.
-==Why use a lawyer instead of a notary public?==
+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.
-A lawyer has much more training and expertise in the law and can give you service that is more complete in a wider range of areas. For example, if a will or real estate transaction turns out to be complicated, a notary may need to send you to a lawyer for legal advice.  Notaries are only entitled to give legal advice in the areas of law that they are entitled to practice, which is fairly limited.
-Most lawyers get a university degree before they go to law school. At law school, they study law full-time for three years. Then they take 10 weeks of intensive training and must pass a series of bar admission exams. All law students must also apprentice for 10 months with an established lawyer before they can work on their own.
+===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).
-Most BC notaries were licensed before 2008 and had to take a part-time correspondence course and pass government-regulated examinations to qualify. New notaries have to complete a master’s degree in Applied Legal Studies at SFU and a training program in addition to the government-regulated examinations.
+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.
-==Why use a lawyer for simple legal procedures?==
+===Notaries offer some legal services===
-Things that look simple may actually be complex. People sometimes think that because procedures and forms look simple, the legal service is also simple. But legal transactions are often complex. Lawyers analyze how the law applies to your case. They do this groundwork before advising you how the law applies to you and which procedures or forms you need. You face substantial risks and disadvantages if you use the legal system without fully understanding the law and its effects.
+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.
-==Wills and real estate: two important examples==
+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.
-Your will may be the most important legal document you ever make. It has to be right because if there’s a mistake, it may be too late to fix it. Buying, selling and mortgaging your home often involve the most important financial contracts you ever sign. Both real estate transactions and wills have to be treated with extreme caution and done very carefully.
-We always hope things turn out for the best but it's smart to be prepared. Lawyers are trained to find and fix legal problems. They also know of many tax implications associated with your case and can advise you on them.
+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.
-Laws change daily and so do their effects. Lawyers understand, apply, and explain those laws to you. Why not be prepared for all situations by using a lawyer from the start?
+===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.
-==Are lawyers' fees competitive?==
+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.
-Yes. There are about 10,000 practising lawyers in BC. About three-quarters of them are in private practice (the rest work in government and business). Competition helps keep legal fees reasonable. Lawyers’ fees can be competitive with notaries’ fees for similar procedures. Lawyers give complete legal advice—something notaries can’t give.
-==How should you choose a lawyer?==
+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].
-Most people use a lawyer only rarely, if ever. So if they need a lawyer, they often don't know how to find one.
-===1. Start with a lawyer you've used before===
+==Steps to choose a lawyer==
-If you have used a lawyer before, start with that lawyer. For example, if you are getting divorced and the only lawyer you have ever used is the one who did your will, that lawyer may not be the best one to handle your divorce. Instead, you probably want a lawyer with experience in divorces. Lawyers, especially those in large cities, tend to work in certain areas of law. But they don't specialize like doctors do—there are no exams a lawyer can write to become a specialist in divorce or any other area.
-If you were happy with your will, you can ask the lawyer who did it for names of lawyers who do divorce cases. The lawyer who did your will may also have partners who handle divorce. Try to get two or three names, so you can shop around and compare.
+===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
-===2. Ask friends for recommendations===
+===Step 2. Find a lawyer===
-If you’ve never used a lawyer, ask friends and acquaintances to recommend a lawyer they used for similar problems. A personal recommendation is usually a good way to choose any professional. You could also ask your doctor, accountant, or financial advisor. Often, they know lawyers who do divorce and other cases. Your employer may have a lawyer on staff, or you can ask your union lawyer for a recommendation. Always describe your problem in detail.
+Here are some ways to find a lawyer in British Columbia.
-===3. Call the Lawyer Referral Service===
+====The Lawyer Referral Service====
-If you've never used a lawyer and you can't get a recommendation, try the Lawyer Referral Service. BC lawyers participate in this voluntary service. Even if you aren't sure if you have a legal problem, you can use this program, operated by the BC Branch of the Canadian Bar Association. Call 604.687.3221 in the lower mainland and 1.800.663.1919 elsewhere in BC. Briefly explain your problem. The service will give you the name of a lawyer who does that type of law.
+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].
-Phone the lawyer and make an appointment. Tell the lawyer that Lawyer Referral Service sent you. The lawyer will give you up to a 30-minute appointment for $25 plus tax. At the appointment, the lawyer will tell you if you have a legal problem. Then, if you and the lawyer agree, you can hire that lawyer at their normal rate. You are not required to use that lawyer. You may decide you do not need a lawyer for your particular issue, or you may decide to shop around and find another lawyer.
+====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].
-==Prepare for the first interview==
+{| class="wikitable"
-Once you choose a lawyer—one you are comfortable with and whose advice you value—carefully prepare for your first interview with the lawyer. You can still change lawyers after the first interview—or at any time—if you’re not happy with the lawyer.
+|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.
+|}
-===1. Collect and organize your information===
+====If you have a low or modest income====
-You have to give the lawyer 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). Gather and organize all the documents on your case. Bring the notes and documents to the interview. For example, if you had a car accident, write everything you remember about how the accident happened and your injuries. Draw a diagram of the accident scene. List all your expenses. Bring all your receipts and paperwork, like accident and insurance reports. This lets the lawyer advise you properly and quickly.
+* 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.
-===2. Ask lots of questions===
+We explain these options and more in our page on [https://www.accessprobono.ca/get-legal-help free and low-cost legal help].
-Use the first interview to get as much information as you can. Even if you got the lawyer's name through Lawyer Referral Service, there is no guarantee that this lawyer is right for you. Ask questions, such as:
-*Does the lawyer have experience in your type of problem?
-*Does the case interest the lawyer?
-*How long will your case probably take?
-*Can the lawyer work on your case right away, or will you have to wait until other cases end? Will that make a difference to your case?
-*What steps will solve your problem and how much time will each step likely take?
-*How much will your case cost? See the next section for more on costs.
-===3. Ask about fees and disbursements (expenses)===
+===Step 3. Prepare for the first interview===
-Always ask about fees and expenses in the first interview. Ask the lawyer to estimate about how much it will cost to solve your problem—including fees and expenses (called disbursements). How will the lawyer bill you: monthly or at the end of the case? How does the lawyer charge—a flat rate, by the hour, or a percentage of what you win? Refer to script 438, called “Lawyers’ Fees”, for more details.
+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.
-===4. Ask if you have a strong case===
+====Collect and organize your information====
-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?
+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.
-===5. Make sure the lawyer reports to 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.
-Once you hire a lawyer, explain that you want to be informed of all developments in your case. The best way to ensure this is by having the lawyer automatically send you a copy of all correspondence on your case. Then you can avoid repeated phone calls to find out what's happening, because those phone calls cost you money.
-Problems between lawyers and clients often result from a lack of communication. So if problems come up, talk or write to your lawyer (refer to script [[If You Have a Problem With Your Lawyer  (Script 436)|436]] for more on problems with your lawyer). You will probably spend a lot of time and money on your legal problem, so you should choose your lawyer carefully.
+====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?
-[updated April 2014]
+See our information on [https://dialalaw.peopleslawschool.ca/lawyers-fees/ 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.
+{| class="wikitable"
+|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 [https://dialalaw.peopleslawschool.ca/problem-with-a-lawyer/ if you have a problem with your lawyer].
+|}
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