Client Options: Range and Reality

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Alison Ward in August 2018.

A range of options

Here are some ways to categorize the client’s options.

1. Do nothing

In applying the law to a client’s problem, it may be that the client does not have to do anything right away (the “wait-and-see” approach), or that letting the matter go is the most realistic alternative.

A wait-and-see approach may be the most practical option in cases where a client is still hopeful the matter will be resolved without taking further steps — for example, when the likelihood of success in seeking a remedy (either in court or another forum) is in doubt. The client may find the cost of seeking a remedy too high. Many clients will say the emotional strain of pursuing a remedy is not worth what might be recovered.

2. Negotiate with the other side

Often, a matter can be resolved by negotiating directly with the other side. It may involve a phone call, a letter, or a face-to-face meeting. Your assistance may be important if a client is unable or reluctant to negotiate alone.

3. Use other individuals or agencies

There are many people other than advocates or lawyers who may be able to help resolve the problem. These include MPs, MLAs, government agencies (such as Consumer Protection BC), the Better Business Bureau, the media, professional or trade associations, and consumer groups.

4. Take non-legal, self-help steps

Sometimes a more creative approach can help solve a problem. Picketing the business in question may, at the very least, have a nuisance effect that puts pressure on the other side to settle. This option costs little in dollar terms, but if the results are not relatively quick, it may be difficult for the client to sustain the action.

Boycotts, in limited circumstances, may also be effective. Usually, boycotts involve several people who are aggrieved or who are at least willing to support one individual or cause.

5. Use legal action

A client may be able to seek a remedy in the court system. The advantages of going to court include using the court system to force a resolution. The disadvantages include the time it may take to resolve the matter, the uncertainty of success, and the likelihood that (if the client uses a lawyer) some or all of the legal costs will not be recovered.

A combination of approaches

Often, problem solving involves a combination of these alternatives at various stages. A client’s best plan is to start with an attempt to negotiate a resolution. If that fails, the client may want to take legal action. The client can still keep the negotiation option open during the legal process. Most legal cases settle before they go to trial.

A critical aspect of efficient problem solving is choosing the most appropriate remedy. Realism is key. Advocates need to be realistic about a client’s chances of success, about the amount that might be recovered, about the ability of any other service to resolve the problem, and about the client’s ability to carry out their role in the remedy (particularly if it is a self-help remedy).

Ethical and professional considerations

Under the Legal Profession Act, only lawyers and articled students licensed by the Law Society of British Columbia may practise law in BC. However, the Legal Profession Act defines “practice of law” as excluding the work of advocates, provided that the work is not performed for (or in the expectation of) a fee, gain, or reward (direct or indirect) from the client.  

The Code of Professional Conduct for British Columbia, which explains the rules of conduct for lawyers in BC, sets out rules for “designated paralegals”. Chapter 6.1-3.1 of the Code exempts advocates funded and designated by the Law Foundation of BC from the rules and limitations regarding designated paralegals. A person employed by or volunteering with a non-profit organization providing free legal services can also apply to the Executive Committee of the Law Society of BC to be exempted from the rules and limitations regarding designated paralegals.

Ethical principles

Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the ethical rules of conduct set by the Law Society of BC. These rules of conduct are explained in the Code of Professional Conduct for British Columbia.

Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct.

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