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|resourcetype = a fact sheet on <br/> | |||
|link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/expect_from_lawyer.php what to expect <br/>from your lawyer] | |||
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{{JP Boyd on Family Law TOC|expanded = intro}} | {{JP Boyd on Family Law TOC|expanded = intro}} | ||
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Remember that not all lawyers practice family law, of course, and this is something you may want to take into consideration. Some lawyers focus exclusively on family law, so that family law is the whole of their practice; others practice family law along with other areas of the law. If a lawyer advertises in the Yellow Pages or online, the lawyer's ad or website will usually say exactly what area or areas of law he or she practices. You may wish to pay special attention to lawyers who tend to spend all or most of their time on family law matters. | Remember that not all lawyers practice family law, of course, and this is something you may want to take into consideration. Some lawyers focus exclusively on family law, so that family law is the whole of their practice; others practice family law along with other areas of the law. If a lawyer advertises in the Yellow Pages or online, the lawyer's ad or website will usually say exactly what area or areas of law he or she practices. You may wish to pay special attention to lawyers who tend to spend all or most of their time on family law matters. | ||
===The | ===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. Some lawyers will offer you some of their time for free or at a reduced rate for an initial interview, and the lawyers you meet through the Lawyer Referral Service will charge a special reduced fee for a half-hour initial interview. Most lawyers however will 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. Some lawyers will offer you some of their time for free or at a reduced rate for an initial interview, and the lawyers you meet through the Lawyer Referral Service will charge a special reduced fee for a half-hour initial interview. Most lawyers however will bill for initial interviews at their usual hourly rate. | ||
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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 him or her to act 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 him or her to act 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.) | ||
===Hiring your | ===Hiring your lawyer=== | ||
Once you've picked a lawyer you like and have decided to hire him or her, your lawyer will require you to sign a retainer agreement and give him or her a deposit towards your first of couple bills. Hiring a lawyer is called "retaining" a lawyer. A "retainer agreement" is a contract between your lawyer and yourself which 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 will likely be asked to give as a deposit against your lawyer's future services and fees. | Once you've picked a lawyer you like and have decided to hire him or her, your lawyer will require you to sign a retainer agreement and give him or her a deposit towards your first of couple bills. Hiring a lawyer is called "retaining" a lawyer. A "retainer agreement" is a contract between your lawyer and yourself which 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 will likely be asked to give as a deposit against your lawyer's future services and fees. | ||
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(A family law mediator will ask you to sign an Agreement to Mediate rather than the usual retainer agreement. The Agreement to Mediate will set out the details of the mediator's rate and expectations about payment, and how each mediation session will be paid for. The same thing applies to family law arbitrators. Parenting coordinators will want you to sign a Parenting Coordination Agreement, and will usually ask for both a retainer and a fee deposit.) | (A family law mediator will ask you to sign an Agreement to Mediate rather than the usual retainer agreement. The Agreement to Mediate will set out the details of the mediator's rate and expectations about payment, and how each mediation session will be paid for. The same thing applies to family law arbitrators. Parenting coordinators will want you to sign a Parenting Coordination Agreement, and will usually ask for both a retainer and a fee deposit.) | ||
==How | ==How your lawyer charges you== | ||
You should discuss with your lawyer, at the very first meeting, exactly how the lawyer will bill you for his or her time and for the expenses the lawyer incurs in working on your file. Most lawyers will bring this up on their own, but if your lawyer happens to forget to talk about it, you should bring it up. Don't be shy. You will, at a minimum, want to know what the lawyer's hourly rate is and what the lawyer's | You should discuss with your lawyer, at the very first meeting, exactly how the lawyer will bill you for his or her time and for the expenses the lawyer incurs in working on your file. Most lawyers will bring this up on their own, but if your lawyer happens to forget to talk about it, you should bring it up. Don't be shy. You will, at a minimum, want to know what the lawyer's hourly rate is and what the lawyer's expectations are regarding payment of each account. | ||
===Your | ===Your retainer=== | ||
In British Columbia, family law lawyers cannot work on a "contingency" basis, which is how some other lawyers, like personal injury lawyers, often get paid. Family law lawyers bill for their services by the hour, although some may bill on flat-rate basis for smaller tasks where the scope of the lawyer's services is clearly limited. | In British Columbia, family law lawyers cannot work on a "contingency" basis, which is how some other lawyers, like personal injury lawyers, often get paid. Family law lawyers bill for their services by the hour, although some may bill on flat-rate basis for smaller tasks where the scope of the lawyer's services is clearly limited. | ||
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The terms of how your lawyer will bill you will be set out in your retainer agreement. This is one of the reasons why it is essential that you read the agreement carefully before you sign it. Note that lawyers' fees are subject to PST and GST. Mediators' fees and parenting coordinators' fees are subject to just GST. | The terms of how your lawyer will bill you will be set out in your retainer agreement. This is one of the reasons why it is essential that you read the agreement carefully before you sign it. Note that lawyers' fees are subject to PST and GST. Mediators' fees and parenting coordinators' fees are subject to just GST. | ||
===Reviewing | ===Reviewing your lawyer's bill=== | ||
Both you and your lawyer have the right to have the lawyer's bills reviewed for fairness under the ''Legal Profession Act'' to fix a final amount owing. The fee review is performed by a Registrar or Master of the Supreme Court at a formal hearing in court. | Both you and your lawyer have the right to have the lawyer's bills reviewed for fairness under the ''Legal Profession Act'' to fix a final amount owing. The fee review is performed by a Registrar or Master of the Supreme Court at a formal hearing in court. | ||