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Difference between revisions of "Choosing a Lawyer"
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*[[Lawyers' Fees (Script 438)|438]], called “Lawyers’ Fees” | *[[Lawyers' Fees (Script 438)|438]], called “Lawyers’ Fees” | ||
Also, see the | Also, see the [[http://www.lawsociety.bc.ca BC Law Society’s website] for information on how to choose a lawyer and what to do at the first meeting. | ||
==When do you need a lawyer?== | ==When do you need a lawyer?== | ||
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==Why use a lawyer instead of a notary public?== | ==Why use a lawyer instead of a notary public?== | ||
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 | 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 can give legal advice only 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. | 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. | ||
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====1. Start with a lawyer you've used before==== | ====1. Start with a lawyer you've used before==== | ||
If you have used a lawyer before, | If you have used a lawyer before, you can go back to that lawyer if you need legal help in the same type of law. Lawyers, especially 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 | On the other hand, if you need legal help in a different type of law, you will probably want a lawyer with experience in that type of law. For example, if you are getting divorced and the lawyer you used before did your will, and does only wills, that lawyer may not be the best one to handle your divorce. If you were happy with your will, you can ask the lawyer who did it for names of lawyers who specialize in divorce. Try to get two or three names, so you can shop around and compare. | ||
====2. Ask friends for recommendations==== | ====2. Ask friends and colleagues for recommendations==== | ||
If you’ve never used a lawyer, ask friends and | If you’ve never used a lawyer, ask friends and colleagues to recommend a lawyer they used for similar needs. 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 specialize in certain areas. Or your employer may have a lawyer on staff. You can also ask your union lawyer for a recommendation. Always describe your problem in detail. | ||
====3. Call the Lawyer Referral Service==== | ====3. Call 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. | 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. | ||
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 | 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 do not have 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. | ||
==Prepare for the first interview== | ==Prepare for the first interview== | ||
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====3. Ask about fees and disbursements (expenses)==== | ====3. Ask about fees and disbursements (expenses)==== | ||
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? | 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? Script [[Lawyers' Fees (Script 438)|438]], called “Lawyers' Fees”, has more details. | ||
====4. Ask if you have a strong case==== | ====4. Ask if you have a strong case==== | ||
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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. | 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 | Problems between lawyers and clients often result from poor communication. So if problems come up, talk or write to your lawyer (script [[If You Have a Problem With Your Lawyer (Script 436)|436]] has more on problems with your lawyer). You will probably spend a lot of time and money on your legal problem, so you should choose a lawyer carefully. | ||
[updated | [updated February 2016] | ||
'''The above was last reviewed for accuracy by Steve Gjukich and edited by John Blois.''' | |||
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