TIPS ON HIRING A LAWYER
Start by requesting that CanLaw find you a lawyer.
We will refer your case to several lawyers in your area who handle your type of case.
Interested lawyers who are qualified for your matter will contact you.
You are under no obligation to deal with any of them.
TALK TO A FEW LAWYERS
TAKE YOUR TIME
Check out at least half a dozen and interview three or four before making a choice. Remember, you are about to hire someone who could change your life forever. Take your time.
Contact lawyers by phone or email first. Have a written list of questions and brief outline of your case handy
See if the initial contact looks like this is a lawyer you would like to consider. If not, thank them for their time and move on to the next lawyer on your list.
MAKE A SHORT LIST
OF TWO OR THREE LAWYERS
Now, make appointments and go to see each of the lawyers personally.
Interview them as if you were hiring them to work for your company.
Ask them for relevant references.
Make the calls and check the references out. See if they were happy with the work, the lawyers, the results and the bill.
Ask if they would use that lawyer again. You will save money in the end.
Beware Do not trust law society referral services. You get the next lawyer on the law society list regardless of your situation. Learn more about the LSUC, LSO, law societies across Canada at https://canlaw.com/law-society/index.html
ASK A LAWYER THESE QUESTIONS
- How long have you been in practice?
- Do you have a specialist designation?
- How many cases like this have you had?
- Do you go to trial or are most cases settled out of court?
- How many have you won?
- How much would this case cost me?
- What payment plans will you accept?
- Who will actually do the work on this file?
- How long will this type of case take to see to a settlement or the end?
These are loaded questions, but any lawyer can provide answers to every one of them without difficulty. The answers will help you weed out some lawyers. Lawyers will also appreciate this since it saves both you and them from wasted time and effort.
Do not be shy about asking about costs. You will save money in the end.
MEETING WITH PROSPECTIVE LAWYERS
Bring all available documentation and make notes about your problem before meeting with your prospective lawyer for the first time.
It will allow you to present your problem in the clearest and most organized manner possible. You can then evaluate the lawyer's response to your case and questions.
ONCE A LAWYER KNOWS WHAT YOUR CASE IS ABOUT, CONSIDER:
- whether you'll be comfortable working closely with the lawyer and with the law firm
- whether you believe the lawyer has the experience and skill to handle your case
- whether you understand his/her explanation of what the case involves, and
- whether the fee arrangements seem reasonable.
NOW YOU HAVE TO CHOOSE.
So in picking a lawyer, eliminate the obvious non starters, sort through the rest using your common sense, gut feel and judgment.
If the lawyer seems after all this to be someone you can trust and work with, sign on the dotted line.
CAN YOU WORK WITH THE LAWYER?
Get a feel for the chemistry between you. You are going to be working together on a matter that is probably vital to you. Possibly for years to come.
If you do not like each other, you are going to have problems down the road.
PAYING A LAWYER
Never pay more then about 25% of the total estimate in advance. If the lawyer balks, find another lawyer.
Work out a payment plan based on the progress of the file. If you keep control of the money, you have leverage.
Litigation almost always is a long slow dreadful process and a lawyer needs an incentive to push the case forward. If he cannot get paid until your case reaches the next stage, s/he will be motivated to work harder.
LETTER OF AGREEMENT
Now finally, when you are both agreed, draw up a letter of agreement. The lawyer will have a standard letter of agreement. Do not sign it without reading every word carefully. If you do not understand something ask for an explanation.
Ask for changes to things you do not like.
This letter need not be a fancy contract. Just outline the work and results you expect, the price and the payment terms and a timetable. This is something you can do yourself, or if your new lawyer does it, make sure s/he doe not charge you for it.
SOLICITOR'S LIEN - - WARNING
If there is a bill dispute, a lawyer can keep all documents until you pay the bill in full, whether it is fair or not. This is called a Solicitor's Lien and is automatically created when you retain any lawyer anywhere in Canada. BEWARE of this trap
Keep copies of all documents you give to the lawyer.
Insist on getting copies of all correspondence promptly, sent and received by your lawyer.
CHANGING OR FIRING YOUR LAWYER
Changing lawyers is a last resort to be avoided at all costs.
If you are on Legal Aid, you MUST get their permission before changing lawyers and they may use this as an excuse to cancel your Legal Aid Certificate.
The best way to avoid these problems is to choose the right lawyer in the first place
We also have established a Rate Your Lawyer department based on the premise that consumers of legal services have a right to satisfaction.
Just ask CanLaw. It is time that you find out who the lawyers are who are doing a good job.
How to search for a lawyer or law firm. How to hire a lawyer and save money You need to find a lawyer, the right type of lawyer for your case. Get a free half hour. Ask about legal aid, or pro bono and payment plans for paying the lawyer