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}}Lawyers are people with special legal training (and a law degree) who are licensed to practise law by their province's law society. The jobs of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia] are to regulate who can be a lawyer and to protect the public by setting and enforcing standards of professional conduct. Since many people involved in a family law dispute haven't had to deal with lawyers before, this section is about your relationship with your lawyer. | }}Lawyers are people with special legal training (and a law degree) who are licensed to practise law by their province's law society. The jobs of the [http://www.lawsociety.bc.ca/ Law Society of British Columbia] are to regulate who can be a lawyer and to protect the public by setting and enforcing standards of professional conduct. Since many people involved in a family law dispute haven't had to deal with lawyers before, this section is about your relationship with your lawyer. | ||
This section provides an overview of the lawyer-client relationship. It discusses how to find and hire a lawyer, how your lawyer bills for | This section provides an overview of the lawyer-client relationship. It discusses how to find and hire a lawyer, how your lawyer bills for their services, what you can do if you're not happy with your lawyer, and how you or your lawyer can end the lawyer-client relationship. | ||
==Introduction== | ==Introduction== | ||
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Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, he or she installs your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim. | Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, he or she installs your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim. | ||
You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell | You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell them to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps even refuse to accept your instructions. You should especially expect your lawyer to tell you if what you want to do <span class="noglossary">will</span> be harmful to your case. Your lawyer is not your "friend". They are a professional who should tell you what you need to hear about your case, and offer objective and reasoned, not emotionally motivated guidance. This can be a bit disconcerting to a person experiencing a high level of emotional distress. | ||
Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different. | Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different. | ||
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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 | ''Do not assume that the lawyer <span class="noglossary">will</span> not charge for their time unless the lawyer specifically advertises that he or she offers free initial consultations.'' Expect a bill for the lawyer's time! | ||
Use this first meeting as an opportunity to <span class="noglossary">assess</span> how you feel about each lawyer and how you relate to them; you needn't hire the first lawyer you meet. You are entitled to shop around before you choose the lawyer who is right for you. You can also use your first interview with each lawyer to get that lawyer's take on your problem. Tell | Use this first meeting as an opportunity to <span class="noglossary">assess</span> how you feel about each lawyer and how you relate to them; you needn't hire the first lawyer you meet. You are entitled to shop around before you choose the lawyer who is right for you. You can also use your first interview with each lawyer to get that lawyer's take on your problem. Tell them about your problem concisely, and let the lawyer ask questions which pull out the details of your problem. | ||
Don't be shy about asking lawyers about their hourly rates, how they <span class="noglossary">will</span> bill you, and what sort of disbursements (a lawyer's out-of-pocket expenses for things like photocopying and filing fees) the lawyer <span class="noglossary">will</span> expect that you pay for. Ask what sort of retainer they <span class="noglossary">will</span> require, what their interest rate is on overdue accounts, and whether they <span class="noglossary">will</span> be charging you any additional fees based on their success or the complexity of your problem. Ask whether anyone else in | Don't be shy about asking lawyers about their hourly rates, how they <span class="noglossary">will</span> bill you, and what sort of disbursements (a lawyer's out-of-pocket expenses for things like photocopying and filing fees) the lawyer <span class="noglossary">will</span> expect that you pay for. Ask what sort of retainer they <span class="noglossary">will</span> require, what their interest rate is on overdue accounts, and whether they <span class="noglossary">will</span> be charging you any additional fees based on their success or the complexity of your problem. Ask whether anyone else in their firm <span class="noglossary">will</span> be working on your file, whether you <span class="noglossary">will</span> be billed for their work, and maybe ask to meet them too. | ||
(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 | (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. | ||
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===Hiring your lawyer=== | ===Hiring your lawyer=== | ||
Once you've picked a lawyer you like and have decided to hire | 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 of 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 | Never hesitate to tell your lawyer about any concerns you have about their bills or services. | ||
(A family law mediator <span class="noglossary">will</span> ask you to sign an Agreement to Mediate rather than the usual retainer agreement. The Agreement to Mediate <span class="noglossary">will</span> set out the details of the mediator's rate and expectations about payment, and how each mediation session <span class="noglossary">will</span> be paid for. The same thing applies to family law arbitrators. Parenting coordinators <span class="noglossary">will</span> want you to sign a Parenting Coordination Agreement, and <span class="noglossary">will</span> usually ask for both a retainer and a fee deposit.) | (A family law mediator <span class="noglossary">will</span> ask you to sign an Agreement to Mediate rather than the usual retainer agreement. The Agreement to Mediate <span class="noglossary">will</span> set out the details of the mediator's rate and expectations about payment, and how each mediation session <span class="noglossary">will</span> be paid for. The same thing applies to family law arbitrators. Parenting coordinators <span class="noglossary">will</span> want you to sign a Parenting Coordination Agreement, and <span class="noglossary">will</span> usually ask for both a retainer and a fee deposit.) | ||
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==How your lawyer charges you== | ==How your lawyer charges you== | ||
You should discuss with your lawyer, at the very first meeting, exactly how the lawyer <span class="noglossary">will</span> bill you for | You should discuss with your lawyer, at the very first meeting, exactly how the lawyer <span class="noglossary">will</span> bill you for their time and for the expenses the lawyer incurs in working on your file. Most lawyers <span class="noglossary">will</span> 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 <span class="noglossary">will</span>, 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 retainer=== | ===Your retainer=== | ||
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Both you and your lawyer have the right to have the lawyer's bills reviewed for fairness under the ''[http://www.lawsociety.bc.ca/page.cfm?cid=694&t=Legal-Profession-Act-Contents 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 ''[http://www.lawsociety.bc.ca/page.cfm?cid=694&t=Legal-Profession-Act-Contents 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. | ||
At this hearing, the registrar <span class="noglossary">will</span> be presented with the lawyer's bills to you, and any other supporting documents, such as a time diary, a statement of the lawyer's charges to your bill by the amount of time spent on each task on a day-by-day basis, and the documents and correspondence that were generated over the course of the lawyer's services to you. Your lawyer <span class="noglossary">will</span> attempt to satisfy the registrar that | At this hearing, the registrar <span class="noglossary">will</span> be presented with the lawyer's bills to you, and any other supporting documents, such as a time diary, a statement of the lawyer's charges to your bill by the amount of time spent on each task on a day-by-day basis, and the documents and correspondence that were generated over the course of the lawyer's services to you. Your lawyer <span class="noglossary">will</span> attempt to satisfy the registrar that their fees were reasonable and that the amounts billed for disbursements were reasonable. The registrar <span class="noglossary">will</span> look at the bills and apply a number of considerations in arriving at their decision, including: | ||
*the value and importance of the results obtained, | *the value and importance of the results obtained, | ||
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You <span class="noglossary">will</span>, of course, have the opportunity to present your side of the case and dispute your lawyer's bill as you see fit. | You <span class="noglossary">will</span>, of course, have the opportunity to present your side of the case and dispute your lawyer's bill as you see fit. | ||
After hearing all the evidence, the registrar <span class="noglossary">will</span> issue a ''Certificate of Fees'' which sets out the amount of fees and disbursements that the registrar has approved as reasonable. That becomes the amount you owe to your lawyer for | After hearing all the evidence, the registrar <span class="noglossary">will</span> issue a ''Certificate of Fees'' which sets out the amount of fees and disbursements that the registrar has approved as reasonable. That becomes the amount you owe to your lawyer for their services, and, in some cases, the amount of the refund your lawyer owes you. Most importantly, the Certificate of Fees has the same <span class="noglossary">standing</span> as a court judgment and can be used as such to enforce the amount owing to the lawyer or the amount owed by the lawyer to you. | ||
As an alternative to a review under the ''Legal Profession Act'', the Law Society operates a [http://www.lawsociety.bc.ca/page.cfm?cid=144&t=Law-Society-Fee-Mediation-Program Fee Mediation Program]. This is an informal process for dealing with fee disputes without having to go to court. | As an alternative to a review under the ''Legal Profession Act'', the Law Society operates a [http://www.lawsociety.bc.ca/page.cfm?cid=144&t=Law-Society-Fee-Mediation-Program Fee Mediation Program]. This is an informal process for dealing with fee disputes without having to go to court. | ||
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The portion of a lawyer's bill attributable to obtaining or enforcing an order for child support or spousal support is tax deductible. The cost of defending a claim for spousal support or child support is not deductible. | The portion of a lawyer's bill attributable to obtaining or enforcing an order for child support or spousal support is tax deductible. The cost of defending a claim for spousal support or child support is not deductible. | ||
To claim this deduction, the lawyer must write a letter to the Canada Revenue Agency setting out what portion of | To claim this deduction, the lawyer must write a letter to the Canada Revenue Agency setting out what portion of their fees were attributable to advancing a spousal or child support claim. If you intend to ask your lawyer for a letter like this, you must tell your lawyer as soon as possible, preferably the moment the lawyer takes your case. Lawyers do not keep track of things like this automatically, mostly because it involves extra work and cost to the client that may outweigh the tax benefit. | ||
If you don't ask your lawyer about this at the beginning of | If you don't ask your lawyer about this at the beginning of their retainer, it may be impossible to winnow out the parts of the lawyer's bills that were dedicated to support issues, and the cost of the time your lawyer spent reviewing your file. Their bills to figure this out may cost more than the deduction you <span class="noglossary">will</span> get. | ||
==If you are dissatisfied== | ==If you are dissatisfied== | ||
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===Firing your lawyer=== | ===Firing your lawyer=== | ||
Clients usually want to fire their lawyers when they're unhappy with the service they're receiving. You can fire your lawyer simply by sending | Clients usually want to fire their lawyers when they're unhappy with the service they're receiving. You can fire your lawyer simply by sending them a letter to that effect or giving your lawyer a call, though you <span class="noglossary">will</span> no doubt want to phrase a bit more nicely than "I'm firing you." The lawyer-client relationship is a business relationship, and you can terminate this relationship any time you wish. | ||
Of course, there <span class="noglossary">will</span> be some things left to deal with after you've given your lawyer the news. | Of course, there <span class="noglossary">will</span> be some things left to deal with after you've given your lawyer the news. | ||
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First, you'll have to pay your outstanding account, if there is one. If you disagree with the amount charged, you can apply to the court to have your lawyer's bill reviewed, which is described in more detail above. On the other hand, if there's still money in your retainer, that's your money and you can ask to have it sent back to you. | First, you'll have to pay your outstanding account, if there is one. If you disagree with the amount charged, you can apply to the court to have your lawyer's bill reviewed, which is described in more detail above. On the other hand, if there's still money in your retainer, that's your money and you can ask to have it sent back to you. | ||
Then there's the matter of your file. If your case is still on-going, you'll need to get your file. If you've hired another lawyer, your lawyer <span class="noglossary">will</span> normally just send it to your new counsel; if you haven't, you're entitled to ask that your lawyer send it straight to you. Of course, there may be a slight problem if you still owe money to your lawyer. If you still owe money, your lawyer is entitled to keep your file until | Then there's the matter of your file. If your case is still on-going, you'll need to get your file. If you've hired another lawyer, your lawyer <span class="noglossary">will</span> normally just send it to your new counsel; if you haven't, you're entitled to ask that your lawyer send it straight to you. Of course, there may be a slight problem if you still owe money to your lawyer. If you still owe money, your lawyer is entitled to keep your file until their account is paid in full. In the right circumstances, your lawyer may agree to <span class="noglossary">transfer</span> your file to your new lawyer on the new lawyer's promise to make sure that the bill gets paid when the file concludes. | ||
===When your lawyer fires you=== | ===When your lawyer fires you=== | ||
This really doesn't happen all that frequently. Most often, a lawyer <span class="noglossary">will</span> fire | This really doesn't happen all that frequently. Most often, a lawyer <span class="noglossary">will</span> fire their client for one of the following reasons: | ||
*an account is unpaid and there is a low likelihood that the account <span class="noglossary">will</span> get paid, | *an account is unpaid and there is a low likelihood that the account <span class="noglossary">will</span> get paid, | ||
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*the trust aspect of the lawyer-client relationship has broken down. | *the trust aspect of the lawyer-client relationship has broken down. | ||
If your lawyer fires you, he or she <span class="noglossary">will</span> normally do so in a letter detailing the reason why he or she can no longer <span class="noglossary">act</span> for you and highlighting any important dates that are upcoming in your case. Most lawyers <span class="noglossary">will</span> also recommend other lawyers you may wish to consider retaining in | If your lawyer fires you, he or she <span class="noglossary">will</span> normally do so in a letter detailing the reason why he or she can no longer <span class="noglossary">act</span> for you and highlighting any important dates that are upcoming in your case. Most lawyers <span class="noglossary">will</span> also recommend other lawyers you may wish to consider retaining in their place. | ||
After you've been fired, the same concerns arise as if you'd fired your lawyer. The lawyer <span class="noglossary">will</span> be concerned about an outstanding account and you <span class="noglossary">will</span> want your file back, or at least transferred to a new lawyer. As far as your outstanding account is concerned, it's important to know that your lawyer can have | After you've been fired, the same concerns arise as if you'd fired your lawyer. The lawyer <span class="noglossary">will</span> be concerned about an outstanding account and you <span class="noglossary">will</span> want your file back, or at least transferred to a new lawyer. As far as your outstanding account is concerned, it's important to know that your lawyer can have their own bill reviewed under the ''Legal Profession Act'' to get a judgment about the amount owing; that's something both of you can do. | ||
==Resources and links== | ==Resources and links== | ||