Difference between revisions of "Choosing a Lawyer"

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A lawyer can help you understand how the law applies to your situation and help with any type of legal matter. Learn the steps involved in choosing a lawyer.


==What you should know==


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:
===Why you might need a lawyer===
*436, called “If you have a problem with your 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 have worked on, and help you get the best result possible.
*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.
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 successfully presented to a judge or jury.


==When do you need a lawyer?==
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 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.
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?==
===Lawyers can provide a full range of legal services===
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.
Lawyers are able to assist clients with all legal matters. This includes real estate, wills and estates, family 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 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 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 do something wrong that hurts you, they have an insurance policy that can compensate you.


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.
===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.


==Why use a lawyer for simple legal procedures?==
They 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.
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.


==Wills and real estate: two important examples==
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.
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.  
===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.


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?
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.


==Are lawyers' fees competitive?==
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].
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?==
==Steps to choose a lawyer==
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
===Step 1. Think about what you need===
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.
Think about the type of lawyer you want to work with. For example, find out if they:
* offer services in the legal area 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


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 2. Find a lawyer===
====If you used a lawyer before====
You may have used a lawyer for something in the past. They may not be the right fit for your current need, but they may be able to suggest options for you. 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. But if you were happy with your will, you can ask the lawyer for names of lawyers who specialize in family law. Try to get two or three names, so you can shop around and compare.


2. Ask friends for recommendations
====Ask friends and colleagues for recommendations====
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.
If you’ve never used a lawyer, ask '''friends and colleagues''' to recommend a lawyer they used for similar needs. Ask them if they were happy with the lawyer and why. You could also ask your doctor, accountant, or financial advisor. Often, they know lawyers who specialize in certain areas.


3. Call the Lawyer Referral Service
====Consider legal aid====
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 have a low income, and are facing some types of criminal, family, or immigration problems, you may be able to get a lawyer for free from '''legal aid'''. Contact the Legal Aid BC by visiting [https://legalaid.bc.ca/ legalaid.bc.ca] or calling 1-866-577-2525.


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.
====Call the Lawyer Referral Service====
If you’ve never used a lawyer and you can’t get a recommendation, try the '''Lawyer Referral Service'''. Lawyers across BC participate in this service, operated by Access Pro Bono. Visit [https://www.accessprobono.ca/our-programs/lawyer-referral-service accessprobono.ca] or call 604-687-3221 in the Lower Mainland and 1-800-663-1919 elsewhere in BC.


==Prepare for the first interview==
After you explain your problem, the service will give you the name of a lawyer who does that type of law in your area of the province. You contact the lawyer to make an appointment. The lawyer will meet with you for a free consultation for up to 30 minutes. The lawyer can provide some initial advice on your options. Then, if you and the lawyer agree, you can hire that lawyer at their regular rates. You do not have to use that lawyer. You may decide you do not need a lawyer for your issue, or you may decide to shop around and find another lawyer.
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.


1. Collect and organize your information
===Step 3. Prepare for the first interview===
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.
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.


2. Ask lots of questions
====Collect and organize your information====
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:
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 the interview.
*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)
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.
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.


4. Ask if you have a strong case
====Ask lots of questions====
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?
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:


5. Make sure the lawyer reports to you
* Does the lawyer have experience in your type of matter?
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.
* 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?


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 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 about fees and expenses====
Always ask about fees and expenses in the first interview. Ask the lawyer to estimate about how much it will cost to fully deal with your legal matter — including fees and 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 [[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?


----
===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"|'''Tip'''
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 a Lawyer|if you have a problem with your lawyer]].
|}


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Revision as of 04:02, 30 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Steven Gjukich, Gilchrist & Company in March 2018.

A lawyer can help you understand how the law applies to your situation and help with any type of legal 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 have worked on, and 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 successfully 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 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 able to assist clients with all legal matters. This includes real estate, wills and estates, family 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 do something wrong that hurts you, 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 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.

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 legal area 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

Step 2. Find a lawyer

If you used a lawyer before

You may have used a lawyer for something in the past. They may not be the right fit for your current need, but they may be able to suggest options for you. 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. But if you were happy with your will, you can ask the lawyer for names of lawyers who specialize in family law. Try to get two or three names, so you can shop around and compare.

Ask friends and colleagues for recommendations

If you’ve never used a lawyer, ask friends and colleagues to recommend a lawyer they used for similar needs. Ask them if they were happy with the lawyer and why. You could also ask your doctor, accountant, or financial advisor. Often, they know lawyers who specialize in certain areas.

Consider legal aid

If you have a low income, and are facing some types of criminal, family, or immigration problems, you may be able to get a lawyer for free from legal aid. Contact the Legal Aid BC by visiting legalaid.bc.ca or calling 1-866-577-2525.

Call the Lawyer Referral Service

If you’ve never used a lawyer and you can’t get a recommendation, try the Lawyer Referral Service. Lawyers across BC participate in this service, operated by Access Pro Bono. Visit accessprobono.ca or call 604-687-3221 in the Lower Mainland and 1-800-663-1919 elsewhere in BC.

After you explain your problem, the service will give you the name of a lawyer who does that type of law in your area of the province. You contact the lawyer to make an appointment. The lawyer will meet with you for a free consultation for up to 30 minutes. The lawyer can provide some initial advice on your options. Then, if you and the lawyer agree, you can hire that lawyer at their regular rates. You do not have to use that lawyer. You may decide you do not need a lawyer for your issue, or you may decide to shop around and find another lawyer.

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 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.

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 about how much it will cost to fully deal with your legal matter — including fees and 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?

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.

Tip

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.

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