Q: I have an ongoing legal case but just cannot afford my own lawyer. I’m not saying lawyers don’t earn what they charge, but I cannot afford to pay. Is there anything I can do? I don’t want to go it alone.
A: Your instincts are right. There’s an old saying: “The lawyer who represents himself has a fool for a client.”
While not impossible, it’s really difficult to navigate the legal system alone. You have a few options, even with limited income to spend on a lawyer.
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First, have you discussed this situation with your lawyer? Many lawyers recognize this is a difficult situation and many have payment plans. You will likely need to gather enough funds for a retainer and then leave the lawyer with postdated cheques or an ongoing authorization for your credit card.
A growing number of law firms offer low and sometimes zero interest charges. Don’t assume that your lawyer won’t help you in this regard. Ask.
If that doesn’t work out, you may want to shop around for a lawyer who does have such a payment plan.
Depending on the type of legal matter, it could also be an option to delay payment until a larger sum of money comes your way, such as a property division on divorce or a damage award for an injury.
You can also consult with the legal aid system in your locale. Legal aid varies by province, so it’s not possible to cover all the systems within the scope of this column. In Saskatchewan, legal aid is limited to family law and criminal matters. There is also an income test, and if you earn below a certain set limit, you can qualify to obtain it.
If you don’t qualify for legal aid, you may be able to get assistance from a pro bono clinic or service provider. These clinics assist people who earn too much to qualify for legal aid, but not enough to pay for a private lawyer.
They have been set up and staffed by volunteer lawyers who donate their time as a public service. For more information, visit www.classiclaw.ca and (in Saskatchewan); www.pbla.ca (Alberta); www.umanitoba.ca/law/pbsc (Manitoba) and probononet.bc.ca/ (British Columbia).
Many law colleges also have students keenly interested in obtaining experience.
If you really cannot obtain access to any of these sources of aid, you can read up on the law and obtain access to legal information to learn how to be your own best advocate.
Organizations such as the Public Legal Education Association in Saskatchewan have materials and people available to help educate you on how the law works in a given area. These people cannot give legal advice, but they can assist in figuring out what you need to do.
Be informed, be respectful of the court and your opponent and be assertive and you will not go wrong.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. He can be reached at thelaw@producer.com.
