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Difference between revisions of "You and Your Lawyer"
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*the Law Society's [http://www.lawsociety.bc.ca/page.cfm?cid=2578&t=BC-Code-Table-of-Contents Code of Professional Conduct]. | *the Law Society's [http://www.lawsociety.bc.ca/page.cfm?cid=2578&t=BC-Code-Table-of-Contents Code of Professional Conduct]. | ||
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, | 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, they install 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 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. | 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. | ||
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If none of this works out, you can try finding a lawyer through the Yellow Pages or the internet, but only as a last resort. Typing "<tt>vancouver family lawyer</tt>" or "<tt>best divorce lawyer</tt>" into a search engine is a terrible way to find a lawyer; while you'll get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through a Yellow Pages ad. | If none of this works out, you can try finding a lawyer through the Yellow Pages or the internet, but only as a last resort. Typing "<tt>vancouver family lawyer</tt>" or "<tt>best divorce lawyer</tt>" into a search engine is a terrible way to find a lawyer; while you'll get a ton of results, you won't know anything about those lawyers except for the things they say about themselves on their websites. The same thing applies to picking a lawyer through a Yellow Pages ad. | ||
Remember that not all lawyers practise 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 practise 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 <span class="noglossary">will</span> usually say exactly what area or areas of law | Remember that not all lawyers practise 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 practise 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 <span class="noglossary">will</span> usually say exactly what area or areas of law they practise. You may wish to pay special attention to lawyers who tend to spend all or most of their time on family law matters. | ||
===The first interview=== | ===The first interview=== | ||
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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 their time unless the lawyer specifically advertises that | ''Do not assume that the lawyer <span class="noglossary">will</span> not charge for their time unless the lawyer specifically advertises that they offer 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 them about your problem concisely, and let the lawyer ask questions which pull out the details of your problem. | 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. | ||
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Family law lawyers <span class="noglossary">will</span> usually expect to be paid some money up front, called a retainer. While some family law lawyers <span class="noglossary">will</span> agree to be paid from the proceeds of the sale of an asset following trial, most often they'll expect to be paid by an initial retainer followed by additional retainer payments or a monthly billing process. | Family law lawyers <span class="noglossary">will</span> usually expect to be paid some money up front, called a retainer. While some family law lawyers <span class="noglossary">will</span> agree to be paid from the proceeds of the sale of an asset following trial, most often they'll expect to be paid by an initial retainer followed by additional retainer payments or a monthly billing process. | ||
The amount you pay as your retainer is held by your lawyer in trust. Your lawyer <span class="noglossary">will</span> withdraw money from the retainer each time | The amount you pay as your retainer is held by your lawyer in trust. Your lawyer <span class="noglossary">will</span> withdraw money from the retainer each time they bill you. After a couple of bills or more have been paid from the retainer, the retainer may be exhausted. At that point your lawyer <span class="noglossary">will</span> usually ask you for another retainer, or your lawyer may simply bill you directly each month. On the other hand, if your problem is resolved more quickly than was expected or if you fire your lawyer, you <span class="noglossary">will</span> be entitled to a refund of however much of the retainer is left over. | ||
The terms of how your lawyer <span class="noglossary">will</span> bill you <span class="noglossary">will</span> 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 <span class="noglossary">will</span> bill you <span class="noglossary">will</span> 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. | ||
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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, | If your lawyer fires you, they <span class="noglossary">will</span> normally do so in a letter detailing the reason why they 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 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. | 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. | ||