Q: I have never really used a lawyer before, except to buy land. I am going through a divorce, have farm debt issues and my farming partnership with family members is breaking up. I need help. How do I pick the right lawyer for the job?
A: It’s always been remarkable to me that people will go to a bunch of different stores to buy something like shoes, but will hire the first lawyer they come across. Choosing a lawyer is a serious matter and you should be a wise consumer.
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Be aware that any lawyer may not be the answer. In recent years the legal profession has become specialized, much like doctors. The entire body of law is so complex that it is impossible for one lawyer to be an expert in every facet of it. Hiring someone who specializes in your problem is a good idea. You wouldn’t go to a plastic surgeon to get your appendix removed. Hiring a specialist means you will likely get someone with experience, skill and interest.
Next, ask questions. Personal references are a great way to get lawyers’ names. Most lawyers get a lot of their work from past clients who recommend them to others. Ask around and talk to people whose judgment you trust.
Also ask other lawyers. If you phone someone and she says she doesn’t do that kind of work, ask for a referral. If you do this a few times, you’ll probably find that there are some names common to each list. Consult one of those lawyers.
Provincial law societies keep records. This varies among provinces, but most have some form of referral service. The law society is the profession’s regulator, but it is not likely to endorse the quality of the lawyers listed in the referral. The society simply provides names of lawyers who have indicated they are interested in practising in a particular subject area.
Some law societies have public discipline records and you can find out if your lawyer has ever been formally charged with a disciplinary offence.
There are also legal directories, some of which rate lawyers. In Canada, you can consult Lexpert, which publishes a “top lawyers” list.
Also, many public libraries stock the Martindale Hubbell Directory, which lists and rates lawyers. It rates ability from A (preeminent) to C (good to high), as well as the lawyer’s ethics. Most lawyers appear in this directory. If the one you are thinking of hiring does not, ask why not.
When you first meet a new lawyer, interview her. Many offer a free initial consultation for 30 to 45 minutes. Ask lots of questions about her experience and knowledge of your type of matter. Has she ever run a case like this before? How long has she practised? What does she charge? What’s the best way to stay in touch? Make sure you feel comfortable with your lawyer.
Always discuss fees and charges up front, so you know what you’re getting into.
Many lawyers have a written retainer agreement, which is an excellent idea for both sides. A good lawyer-client relationship is based on trust and open communication. You are half of that equation.
Your case will proceed more effectively and you will probably save money if you are open and honest. Tell your lawyer everything, even if you think it works against you. Chances are it will come out anyway.
Bring copies of all relevant documents with you, and have them organized. If you bring them shoved into a grocery bag, you can expect to pay the lawyer to organize them. You can do that for free. Make notes in advance, so you stay on topic and don’t forget what you want to ask.
In the event of a dispute or concern over your lawyer’s conduct, you can make inquiries with the provincial law society. It usually will not get involved in fee disputes but most provinces have a court process whereby your bill can be assessed independently. Be careful and honest from the outset and most lawyers will serve you diligently and well.
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. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
