5 Ways to Have the Upper Hand When Hiring a Lawyer

Transcription

1 5 Ways to Have the Upper Hand When Hiring a Lawyer eguide A Professional Corporation LAW

2 This eguide is yours. Share it with anyone under the terms of Creative Commons Attribution-Noncommercial 3.0 Unported License Millars Law LLP Design by tbk Creative

3 About Your Author Phillip Millar Phillip brings a refreshing approach to legal services. He served his country as a Combat Officer for over a decade and experienced combat and battle firsthand. He does not shy away from conflict when necessary and thrives in the courtroom defending his clients in high stakes scenarios. Coupled with this capacity and willingness to do battle for his clients is a level headed approach to resolving conflicts as soon as possible. He knows that sometimes clients want to fight when it is not in their best interests and some of his most loyal clients are the ones he convinced not to fight expensive battles. Phillip has appeared at all levels of court in Ontario including the Ontario Court of Appeal. He provides his clients with wise counsel, not incentives to spend more on legal fees. Phillip can be seen and heard regularly on TV and Radio providing poignant analysis to some of London s most interesting legal stories. 03 Welcome

4 How to Choose a Lawyer Choosing a lawyer can be one of the most difficult and intimidating tasks for someone unaccustomed to the legal system. At Millars Law we want you to be informed so you can hire the right lawyer, so you can be an informed consumer and so you can get true value out of your legal services. The following pages discuss why it is difficult for the average consumer to hire a lawyer. 04 How to Choose A Lawyer

5 1. The legal system is inherently imprecise, confusing and daunting. The consumer has difficulty being informed about what exactly they may need and how much it should cost them. There is a knowledge imbalance about how the system operates that gives the seller of services (the lawyer) a huge advantage over the buyer of services (the client). A lawyer can use this imbalance to their advantage in the consumer relationship. 05 How to Choose A Lawyer

6 2. The Client is in a Vulnerable Position Let s face it; most people only call a lawyer when they have a problem. Sometimes that problem is a crisis and needs attention. This immediacy or desperation puts the client in disadvantaged position as a negotiator and consumer. A lawyer can use the client s panic or desperation to their advantage in the consumer relationship. 06 How to Choose A Lawyer

7 3. You can t test drive a lawyer to see how they perform. The client must assess the lawyer s performance as the crisis is navigated. Often the only source of information about how the lawyer is performing comes from the lawyer himself. Not a fair and balanced assessment at the best of times. It is not until the final results are in that the client can begin to assess whether or not he received value for their hard earned money. 07 How to Choose A Lawyer

8 Know the Rules The Law Society provides guidelines and rules that the lawyers must follow in the conduct of their business, but it does not change the fact that economic relationship heavily favours the lawyer and that many clients feel uninformed, helpless and abandoned after they provide their retainer. So, how can you as a consumer of legal services improves your position? The following pages give 4 great steps to follow. 08 Know the rules

9 1. First of all, use the internet. Conduct some initial research about the legal issue you are facing, but don t rely solely on Google to provide you with accurate legal advice. Inform yourself about the legal system and process before you interview a layer. The more you know about the system the less vulnerable you will be. Here are some links to help get you started: thefreedictionary.com pdf/greatexp.pdf 9 Know the rules

10 2. Compare Lawyers Research two or three lawyers in the field. Read some of their cases and blogs, Google them, look for their Linked In profile and see what their past clients say about them. This will help you gauge how others in the field work and handle situations like yours. 10 Know the rules

11 3. Understand how Disputes are Handled Learn more about how disputes are handled in the Canadian Legal System - After learning more, try to understand how an individual case progresses through the solicitor client relationship. Not all disputes require a lawyer, not all disputes have to go to court. 11 Know the rules

12 4. Prepare for the Initial Consultation Often clients go to the consultation feeling like they are powerless and that they must be thankful for receiving legal advice. Understand that as a client you are a customer and that you have the power to hire the best fit. Lawyers need clients to pay for those expensive offices and marble floors. They need your business but often don t have to work hard for it because the client takes a passive role in their own file. 12 Know the rules

13 Understand The Differences When hiring a lawyer it is important to realize that different skill sets are required for different issues. 13 Understanding the Differences

14 Last Items to Consider 1. Bigger is not necessarily better. Big firms have huge overhead and that overhead has to be paid for. Also, in big firms, the top lawyer will interview with you but will then give the work to a junior associate and when you try to contact the lawyer you think you hired they are never available. Hiring a big firm brings out young associates with lots of billing but no trial experience. 2. You need feedback from previous clients. Ask the lawyer to provide references and ask the reference detailed questions about the solicitor-client relationship. Were phone calls returned in a timely fashion, did you feel informed through the process, did the fees seem fair and reflect initial discussions, were they satisfied with the end result, what was the least professional aspect for the relationship. 3. Ask the potential lawyer the following questions: Remember most lawyers are paid by the hour, there is an incentive to be inefficient in hourly billing relationships. Ask the lawyer how many cases he has taken to verdict in the last five years. Ask how many jury trials have they taken to verdict in their career? After giving your potential lawyer a summary of your problem, ask them to give you a five minute opening statement based on their current understanding of your problem. Some scoff at this, but trial work requires exceptional storytelling and a lawyer that cannot think on their feet and be persuasive is not one you want to bring in to a trial. What is the worst case scenario for my case? Clarify legal fees and ensure they are reflected in the retainer agreement, is there an incentive for the lawyer to settle the matter quickly? 14 Last Items

15 Everything can be overcome with Knowledge With this information you should be infinitely more informed when hiring a lawyer than the vast majority of clients. We want you to be informed, we want you to get value from the legal system, not be a prisoner of it. Be informed and involved in your case, demand quality service. You do not owe the lawyer a favour for taking your case, he owes you a duty to give you value for your money. By being well-informed you will be much better suited to ensure your interests are protected. 15 Knowledge

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