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Difference between revisions of "Lawyers & The Law Society"
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This page provide an overview of the lawyer-client relationship. It discusses how to find and hire a lawyer, how your lawyer bills for his or her services, how you or your lawyer can end the lawyer-client relationship, and what you can do if you're not happy with your lawyer. | This page provide an overview of the lawyer-client relationship. It discusses how to find and hire a lawyer, how your lawyer bills for his or her services, how you or your lawyer can end the lawyer-client relationship, and what you can do if you're not happy with your lawyer. | ||
'''JP finished. No glossary tags to be added. Links to be added, please.''' | '''JP NOT finished. No glossary tags to be added. Links to be added, please.''' | ||
==Introduction== | ==Introduction== | ||
All lawyers in British Columbia are members of the Law Society of British Columbia. Many are also members of the Canadian Bar Association and local bar associations like the Vancouver Bar Association, the Victoria Bar Association or the Trial Lawyers | All lawyers in British Columbia are members of the Law Society of British Columbia. Many are also members of the Canadian Bar Association and local bar associations like the Vancouver Bar Association, the Victoria Bar Association or the 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 advance your legal interests. At the same time, your lawyer must follow this high standard of conduct and act 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 advance your legal interests. At the same time, your lawyer must follow this high standard of conduct and act at all times in an ethical manner. Lawyers' duties to their clients, to each other and to the courts are governed by: | ||
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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, he or she installs 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, he or she installs 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. | ||
Both of these analogies are totally cheesy but apt. You should expect your lawyer to take the heat for you and fearlessly advance your claim. While you should expect your lawyer to do just what you tell him or her to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps | Both of these analogies are totally cheesy but apt. You should expect your lawyer to take the heat for you and fearlessly advance your claim. While you should expect your lawyer to do just what you tell him or her 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 will be harmful to your case. | ||
Some lawyers are also mediators, arbitrators and parenting coordinators. Lawyers | Some lawyers are also mediators, arbitrators and parenting coordinators. Lawyers who act in these roles are not serving as advocates; their jobs are much different. | ||
Lawyers who are | Lawyers who are family law mediators have special, additional training in mediation. Family law mediators do not act for you or your spouse as a lawyer in the usual solicitor-client relationship; they are providing mediation services to the both of you, rather than advocacy services for just one of you. Lawyers who act as mediators are neither party's advocate. | ||
Lawyers who are parenting | Lawyers who are family law arbitrators have special, additional training in mediation and have to meet other requirements imposed by the Law Society and the Family Law Act Regulation. Family law arbitrators are private judges; their job is to hear the evidence and arguments necessary to decide a problem and then decide the problem by making an award. Lawyers who act as arbitrators are neither party's advocate. | ||
Lawyers who are parenting coordinators are trained as mediators and arbitrators and have a great of training on top of that. The sort of services parenting coordinators provide are a blend of mediation and arbitration, with a bit of counselling thrown in. Parenting coordinators help parents deal with parenting disputes when they arise and, if an agreement cannot be reached, through a process that's a lot like mediation, then the parenting coordinator will make a decision resolving the issue, through a process that's a lot like mediation. Lawyers who act as parenting coordinators are neither party's advocate. If they're anyone's advocate, they're the children's advocate. | |||
The website of the Law Society of British Columbia is an extremely helpful resource for people who have hired a lawyer or people who are thinking of retaining a lawyer. It provides a lot of information about the lawyer-client relationship and about lawyers' ethical duties to their clients. | The website of the Law Society of British Columbia is an extremely helpful resource for people who have hired a lawyer or people who are thinking of retaining a lawyer. It provides a lot of information about the lawyer-client relationship and about lawyers' ethical duties to their clients. | ||
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==Finding and Hiring a Lawyer== | ==Finding and Hiring a Lawyer== | ||
Sometimes the best way to find a lawyer is the same way you find a family doctor or locate a school for your children | Sometimes the best way to find a lawyer is the same way you find a family doctor or locate a school for your children, by word of mouth. Ask your friends, family and co-workers if they've ever used a family law lawyer, and, if so, how they liked that person. Did the lawyer return telephone calls promptly? Did the lawyer keep them up to speed on the progress of their file? Was the lawyer's bill reasonable? Did they feel comfortable with their lawyer? You can also ask your doctor, your accountant or your dentist if they can refer you to someone. | ||
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The Canadian Bar Association British Columbia's Lawyer Referral Service is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practice in and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919. Links to the websites of a number of family law lawyers and law firms located across British Columbia are provided in the section Resources & Links. | The Canadian Bar Association British Columbia's Lawyer Referral Service is another way to find a lawyer. This service keeps a roster of subscribing lawyers in your area, a list of the areas of law they practice in and a list of the languages they speak. Call 604-687-3221 in Vancouver and the Lower Mainland or, elsewhere in British Columbia, call 1-800-663-1919. Links to the websites of a number of family law lawyers and law firms located across British Columbia are provided in the section Resources & Links. | ||
