PICKING A LAWYER
WHAT YOU NEED TO KNOW
Prepared by
P. Kelln
Oct. 2003
TO FIND A LAWYER USE:
Recommendations of women who have been in a similar situation
Lawyer Referral Service-1-800-663-1919. It will give you the name of a lawyer with whom you can have a ½ hour interview for $10.00
QUESTIONS TO ASK
Do you specialize in Family Law?
Do you understand the Dynamics of Domestic Abuse?
What are my options?
What are my chances of winning?
How long will it take?
What is your hourly rate, how much will it cost?
When do I have to pay?
How much of a retainer do you require?
Can I get help with part of the work?
What can I get help with?
What do I need to support my case?
THINGS TO KNOW
Do not use a lawyer used by your spouse.
Your lawyers job is to make sure you understand your situation and your choices
It can be helpful to bring a friend with you.
If you dont understand something ask.
You are the customer. That means you tell the lawyer what to do. The lawyer doesnt tell you what to do.
Even if a lawyer advises against a particular course of action you dont have to follow her advice. That is your choice.
Your lawyer should send you copies of everything sent from or received by your case file.
The law is constantly changing, so a substantial part of your lawyers work may be legal research.
The pace of a legal matter is generally quite slow. For example, if a lawyer sends a letter to the other side it that side usually takes about three weeks to answer.
Your case is important but you are not the lawyers only client.
Lawyers are sometimes slow to return phone calls. They may be in court or with another client.
If your lawyer is not available and it is urgent, ask to speak to her assistant (if she has one).
A lawyer will not generally communicate with you if nothing is happening.
Anything you tell your lawyer is confidential and your lawyer is not allowed to tell anyone without your consent.
You pay your lawyer for her time, knowledge and skill. So, the more organized and prepared you are the less it will cost.
REMEMBER THE LAWYER WORKS FOR YOU
FEES
A Lawyer keeps a record of time spent on your case and charges you an hourly rate.
Disbursements are for out-of-pocket expenses such as court filing fees, or expert reports. These costs are in addition to the hourly charge.
Fees are GST & PST chargeable: you pay an additional 14.5% of hourly rate.
RETAINER-Usually requested at first meeting with lawyer. This is a sum of money, which will be deposited in the lawyers trust account as a payment against future bills. As the case proceeds the lawyer will submit an account to you but you do not need to pay until the retainer is spent.
KEEPING COSTS DOWN
BEFORE SEEING YOUR LAWYER
Prepare your information: you dont want to pay a lawyer an hourly rate to do what you can do yourself. Use the information checklist.
Write out a chronology of your situation.
Keep notes of anything that happens in a diary or a log: put dates on everything and keep it in order.
Organize any documents you have in an easy to understand manner.
Put yellow stickies on a document (instead of writing on the document) to explain what it is.
Write down any questions you have before you talk to your lawyer.
Prepare a list of names, addresses and telephone numbers of witnesses
Lawyers are now more and more unbundling services. This means that you can get a lawyer to do some parts of your case (ie: Custody and Access while you do others)
WHEN TALKING TO YOUR LAWYER
Stick to the Facts.
Do not expect your lawyer to spend time chatting with you, holding your hand. Remember though your lawyer should be sympathetic, she is not a trained counselor and she charges more than a counselor.
Tell your lawyer all the facts, good and bad.
Ask questions if you do not understand something.
AFTER TALKING TO YOUR LAWYER
Dont make unnecessary phone calls to his or her office
Write to your lawyer instead of calling unless it is an emergency
LEGAL AID
Provided by private or staff lawyers to you at no cost if you are eligible
Managed by an independent non-profit society (the Legal Services Society)
Very limited assistance available
Even if you are financially eligible it will cover only:
A Restraining order if you or your children are at risk of physical violence
Change to Custody & Access order to protect you or your children
Preventing other party from taking your child out of the province permanently
If you are financially eligible Legal aid will also provide a lawyer if:
Your child has been taken into care by Ministry of Children & Family (MCFD).
There has been a threat of removal and the actions of MCFD indicate that this removal will happen soon.
Your child has been taken into care and you need advice about signing a voluntary agreement.
LEGAL AID
Covers only in cases of violence
State clearly that you fear violence and relate incidents if you can
If you are denied write to the Coverage/Eligibility Review, 1500-1140 W. Pender St. Vancouver, V6E 4G1
The best basis for an appeal is that you have been or could be in danger
OTHER ALTERNATIVES
Using Pro Bono-(Legal services offered by lawyers for free)
Representing yourself
Using an agent
PRO BONO
ACCESS JUSTICE
Covers family law
Is for those who cannot afford a lawyer but are not eligible for Legal Aid
Will not go to court for you
Can be reached at 604-878-7400 or
www.access justice.ca
Salvation Army Pro Bono
Covers Family Law
Is Free if you are not eligible for Legal Aid
Will not attend Court
Can be reached at 604-872-7681 or
www.sallyann.org/probono
ProBonoNet.BC
Is a new Pro Bono Service
Covers family law
Is free
Is reached through a community group that has enrolled or at
www.probononet.bc
IF YOU HAVE A PROBLEM WITH YOUR LAWYER
First talk or write to your lawyer
If you have a billing problem you can
-have a registrar at the BC Supreme Court look at the bill
-use the Fee Mediation service of the Law Society of BC
If the issue is serious you can complain to the Law Society
|
Show All