Q: Can you recommend a lawyer in my area? I am concerned about using
the local lawyer since he knows everyone in town. Would you be able to
take on my case?
A: There are two things you need in a lawyer – competence and rapport
with you. No matter how competent she might be, if your lawyer can’t
explain things to you or if your personalities clash, this might not be
the person for you.
There is some specialization in the law profession. Most general
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practitioners handle real estate transactions, small business matters,
wills and estates and family matters. However, if you’ve developed a
new post-hole digger and want it patented, you should find a lawyer who
has experience working with patents and new developments. Likewise, if
you get involved in a nasty lawsuit, you may want to find a lawyer who
spends a lot of time in court. Many lawyers rarely or never go to
court. A good general practitioner should advise you when the case is
beyond his competence and refer you to a specialist.
Look at the yellow pages. If nothing else, it will give you some
interesting reading. Headlines you will find might include: “tough
matrimonial lawyers,” “aggressive defence of your rights” or “has
acted as counsel in many precedent-setting cases.”
In the yellow pages, you will also find that many lawyers offer a free
half hour of consultation. Take advantage of such an offer. This will
give you the opportunity to discuss fees and get a sense of what your
case might involve.
Many lawyers also have websites. Here you may find more information
than in the yellow pages. Some lawyers will post their background
information and experience.
Most provincial law societies, the bodies that license lawyers, run
referral services to help people find a lawyer. In Saskatchewan, the
service will give the name and address of up to two lawyers in your
area or for the specialty you request. The first half hour of
consultation will cost no more than $25 although some lawyers may offer
it for free. The service can be reached at 800-667-9886 (in Regina,
359-1767.)
In Alberta, the service will provide you with the names of up to three
lawyers and you get a half hour of free consultation. The Alberta
service can be reached at 800-661-1095 (228-1722 in Calgary). In
Manitoba, the service is run by the Community Legal Education
Association and the first half hour consultation is free. Call it at
204-943-3602.
In my view, one of the best ways to find a lawyer is to talk to
friends, neighbours and relatives who have used one. What were their
experiences? Would they recommend the lawyer or law firm they used?
I don’t recommend lawyers to readers for several reasons. Even though I
taught part-time at the University of Saskatchewan law school for
nearly 20 years, I don’t know all the lawyers and to make
recommendations would be unfair to some extremely competent people.
Also, as a columnist I represent The Western Producer and don’t think
it’s fair for the paper to recommend a particular lawyer.
Lawyers are bound by rules of confidentiality. Even though your lawyer
knows a lot of people in the community, she is required to keep
confidential the information received from clients. Failure to do so
can lead to disciplinary action by the law society.
I gave up my practicing licence several years ago. I found writing,
teaching and publishing about law more suited to my interests. As such
I cannot professionally advise people. If I did have a licence, there
would be concerns from colleagues and the law society about my having
an unfair advantage by using the column to attract clients.
Don Purich is a former practising lawyer who is now involved in
publishing, teaching and writing about legal issues. His columns are
intended as general advice only. Individuals are encouraged to seek
other opinions and/or personal counsel when dealing with legal matters.
