Difference between revisions of "You and Your Lawyer"
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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 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. Some of the other things you might want to think about when hiring a lawyer are described in the section on [[Separating Emotionally]]. | Sometimes the best way to find a lawyer is the same way you find a family doctor or 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. Some of the other things you might want to think about when hiring a lawyer are described in the section on [[Separating Emotionally]]. | ||
The Canadian Bar Association's [http://www.clicklaw.bc.ca/helpmap/service/1044 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 practise 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. | The Canadian Bar Association's [http://www.clicklaw.bc.ca/helpmap/service/1044 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 practise, 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. | ||
Yet another way to find a lawyer is by contacting the Legal Services Society (LSS) for [http://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid Intake Services]. LSS provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to LSS's website on [http://www.lss.bc.ca/legal_aid/howToApply.php how to apply for legal aid] for more information about their eligibility criteria. | Yet another way to find a lawyer is by contacting the Legal Services Society (LSS) for [http://www.clicklaw.bc.ca/helpmap/service/1053 Legal Aid Intake Services]. LSS provides legal aid in British Columbia, and, if you meet their criteria, they <span class="noglossary">will</span> refer you to a lawyer and pay for the lawyer's services to boot. Be warned, however, that since the provincial government's catastrophic reduction of funding to LSS in 2002, legal aid <span class="noglossary">will</span> generally only be available for people dealing with situations of family violence or where the abduction of children is a possibility. Go to LSS's website on [http://www.lss.bc.ca/legal_aid/howToApply.php how to apply for legal aid] for more information about their eligibility criteria. | ||
If none of this works out, you can try finding a lawyer through the Yellow Pages or the internet, but only as a last resort. Typing "<tt>vancouver family lawyer</tt>" or "<tt>best divorce lawyer</tt>" into a search engine is a terrible way to find a lawyer; while you'll get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through a Yellow Pages ad. | If none of this works out, you can try finding a lawyer through the Yellow Pages or the internet, but only as a last resort. Typing "<tt>vancouver family lawyer</tt>" or "<tt>best divorce lawyer</tt>" into a search engine is a terrible way to find a lawyer; while you'll get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through a Yellow Pages ad. | ||
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===The first interview=== | ===The first interview=== | ||
Once you've gathered the names of a few lawyers who sound promising, make an appointment to meet with each of them. A few lawyers <span class="noglossary">will</span> offer you some of their time for free or at a reduced rate for an initial interview. The lawyers you meet through the Lawyer Referral Service <span class="noglossary">will</span> charge a special reduced fee for a half-hour initial interview. Most lawyers however <span class="noglossary">will</span> bill for initial interviews at their usual hourly rate. | Once you've gathered the names of a few lawyers who sound promising, make an appointment to meet with each of them. A few lawyers <span class="noglossary">will</span> offer you some of their time for free or at a reduced rate for an initial interview. The lawyers you meet through the Lawyer Referral Service <span class="noglossary">will</span> charge a special reduced fee for a half-hour initial interview. Most lawyers, however, <span class="noglossary">will</span> bill for initial interviews at their usual hourly rate. | ||
''Do not assume that the lawyer <span class="noglossary">will</span> not charge for their time unless the lawyer specifically advertises that they offer free initial consultations.'' Expect a bill for the lawyer's time! | ''Do not assume that the lawyer <span class="noglossary">will</span> not charge for their time unless the lawyer specifically advertises that they offer free initial consultations.'' Expect a bill for the lawyer's time! | ||
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(If you're meeting with a lawyer who also works as a family law mediator or family law arbitrator, and you're thinking of hiring them to <span class="noglossary">act</span> in that capacity, you don't want to give the lawyer too many details about your situation. Family law mediators and family law arbitrators must be neutral and impartial. Too much information from just one of you may make the lawyer unable to help resolve your dispute.) | (If you're meeting with a lawyer who also works as a family law mediator or family law arbitrator, and you're thinking of hiring them to <span class="noglossary">act</span> in that capacity, you don't want to give the lawyer too many details about your situation. Family law mediators and family law arbitrators must be neutral and impartial. Too much information from just one of you may make the lawyer unable to help resolve your dispute.) | ||
For a summary guide to your first interview with a lawyer, see [[How Do I Prepare for My First Meeting with a Lawyer?]] It's located in the ''How Do I?'' part of this resource in the ''Miscellaneous'' section. | For a summary guide to your first interview with a lawyer, see [[How Do I Prepare for My First Meeting with a Lawyer?]]. It's located in the ''How Do I?'' part of this resource in the ''Miscellaneous'' section. | ||
===Hiring your lawyer=== | ===Hiring your lawyer=== | ||
Once you've picked a lawyer you like and have decided to hire them, your lawyer <span class="noglossary">will</span> require you to sign a retainer agreement and give them a deposit towards your first | Once you've picked a lawyer you like and have decided to hire them, your lawyer <span class="noglossary">will</span> require you to sign a retainer agreement and give them a deposit towards your first couple of bills. Hiring a lawyer is called ''retaining'' a lawyer. A ''retainer agreement'' is a contract between your lawyer and yourself that you each must sign, and which sets out the legal and financial aspects of your relationship to each other. Read the agreement carefully! If there are any terms you don't understand, be sure to ask your lawyer, and, likewise, if you object to any of the terms of the agreement, express your objection and ask how your concern might be addressed. A ''retainer'' is a sum of money you <span class="noglossary">will</span> likely be asked to give as a deposit against your lawyer's future services and fees. | ||
Never hesitate to tell your lawyer about any concerns you have about their bills or services. | Never hesitate to tell your lawyer about any concerns you have about their bills or services. | ||
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Traditionally, retaining a lawyer meant handing all the legal work over to the lawyer and their staff to handle. More recently, however, a different kind of retainer agreement called a ''limited scope retainer'' has become more popular. Another term that's used for this arrangement is ''unbundling'' or ''unbundled legal services''. With unbundled legal services, a lawyer or paralegal is only doing some of the work. It could be helping to prepare the first documents required to start a case, or helping to negotiate with the other party, or any other task that the limited scope retainer agreement specifies. The arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you agree to in advance. | Traditionally, retaining a lawyer meant handing all the legal work over to the lawyer and their staff to handle. More recently, however, a different kind of retainer agreement called a ''limited scope retainer'' has become more popular. Another term that's used for this arrangement is ''unbundling'' or ''unbundled legal services''. With unbundled legal services, a lawyer or paralegal is only doing some of the work. It could be helping to prepare the first documents required to start a case, or helping to negotiate with the other party, or any other task that the limited scope retainer agreement specifies. The arrangement usually costs less than full-scope legal representation because the lawyer providing unbundled legal services works on, and charges you for, only those tasks that you agree to in advance. | ||
Not all family lawyers offer this arrangement, however there is a | Not all family lawyers offer this arrangement, however there is a [http://www.unbundling.ca%20www.unbundling.ca BC Family Unbundling Roster] online listing of ones that do. | ||
==How your lawyer charges you== | ==How your lawyer charges you== | ||