A consultation is the first meeting with a legal professional to discuss your legal issue, determine what your options are and consider whether you will retain the lawyer's legal services to help with your matter. At the same time, it is also a meeting where the legal professional will assess your case and decide whether they can help you with your matter.
In Part 2, the blog will address the following questions:
If you missed Part 1, click here! Part 1 covers what to expect during the consultation, how lawyers get paid, and explains the retainer agreement.
What to look for when selecting a lawyer
Finding the right lawyer for your needs may seem like an intimidating process. There are many lawyers from all over offering to help you with your legal questions. Not only are lawyers trying to get your attention, but paralegals, and consultants as well. Though this may seem overwhelming, doing your research is key to finding the right fit for you.
There are several different criteria you can look at when selecting the right legal professional for the job. Below are some items you may want to consider when looking at a lawyer's site or when meeting with them for the first time.
Consultations
While some consultations are free of charge, some are not. It is always best to check with the firm in advance so that you are fully aware of any consultation fees. While “free” can be tempting, be careful that the legal professional is not providing you with a legal opinion without properly assessing your facts or evidence—this may cost you more in the long run, both in time and legal expenses.
The legal professional can then present you with options on how to proceed with your matter, as well as information as to what to expect from the options available to you. You will also be provided with an overview of what costs to expect for the legal services provided.
Some questions to keep in mind are the following:
What is the lawyer's area(s) of expertise? Some lawyers only focus on one area of law; others may focus on several connecting areas. It is always important to determine whether they have the background for your case. For example, a lawyer may practice Corporate Law, but they may not be knowledgeable in Real Estate Law.
What are the potential costs? Are there any out-of-pocket expenses (disbursements) that you will be responsible for? These can include mailing, printing, travel, or gas. These are often in addition to the price of the service you are receiving. Make sure to get this information upfront so you know what to expect.
Who will be handling your case? In larger firms, the individual you do the consultation with is not the lawyer who will be handling your file. While this can sometimes be a cost-saving measure for you (if the file is passed to a junior lawyer or paralegal, you will typically be charged less), you may not be comfortable with another legal professional working on your file.
How often and by what method will the lawyer use to communicate? Will they be sending emails? Do they call you? Do they send weekly or monthly progress reports to let you know what is happening to the file or none at all? Do they respond the same day you send an email or do they respond within a few hours?
Do you feel at ease when speaking with the lawyer? Do you feel comfortable asking questions and bringing up issues?
For more information on the consultation, view our Welcome Packet or Part 1 of this blog post.
Confidentiality in legal consultations
Anything discussed during the legal consultation in Ontario is protected by lawyer-client privilege, which means that all discussions and information are kept confidential, and cannot be shared with any third party.
Lawyer-client privilege aims to ensure that clients, even potential clients, are completely honest about the details of their case so that an accurate assessment can be provided. Without knowing all the facts, any strategy might be challenged by unpleasant surprises (like added costs) down the road. This is why it is best to prepare knowing all the facts and having a full picture, to know exactly what to anticipate and how to properly respond to any challenges from the opposing side.
Individuals should keep in mind that while they are protected by lawyer-client privilege during a consultation, they are not considered a client until they retain the legal professional—this requires signing the retainer (if any) and providing any corresponding funds.
Using the services of a lawyer or paralegal you already know
Many people turn to a legal professional that they may have used in the past when they are faced with a new legal matter. This works if the legal professional has the expertise to deal with your new issue. It is always advisable to seek help from someone experienced in the type of matter you are facing. Sometimes the legal professional you know will give you a referral to someone they know or have worked with.
Legal Aid
If a person qualifies financially, they may be able to have the cost of their legal matter covered by legal aid. However, only certain cases are covered. Certain criminal charges, issues in family law matters, refugee cases and Immigration hearings, and some civil cases and final appeals can be covered by legal aid. If you believe that you qualify for legal aid, contact a legal aid office in your area to obtain a list of lawyers who take legal aid cases. In Ontario, you can visit https://www.legalaid.on.ca/ or call 1‑800‑668‑8258 for more information on their services and to see if you qualify. Legal Aid Ontario uses the services of lawyers and paralegals to aid in the management of your legal matter.
Directory and online searches
Legal directories and online searches are another way to find a legal professional. However, due to the sheer number of lawyers, paralegals, and consultants, it can take some time to determine which legal professional is right for you. Some legal directories include Canadian Law List and Lexpert. Other legal directories like Avvo or LegalZoom generally contain lawyers located in the United States of America who may or may not be familiar with Canadian laws and regulations.
Law Society Referral Service (LSRS)
The Law Society Referral Service is an online service for residents of Ontario for referrals to lawyers or paralegals who will provide a free, 30-minute consultation by phone or in person. You can request to speak with a legal professional who speaks your native language (not only English and French), or one who accepts legal aid certificates. Information on the service can be found here: https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service.
Law Society of Ontario's Online Directory.
Non-residents of Ontario can search for a lawyer or paralegal using the Law Society of Ontario’s online directory available at the following link: LSO Online Directory. The Lawyer and Paralegal Directory is searchable by name, city, postal code, or area of law/legal services. Note that using the directory does not guarantee a free consultation. You will need to discuss legal fees directly with the lawyer or paralegal.
How can a lawyer help
You should get a lawyer's opinion and advice if you have a legal question, or problem, or require assistance navigating the legal system. A lawyer can help even if you have a small question or task to do. It is not necessary to hire a lawyer for the entirety of your legal matter. For example, you can hire a lawyer to represent you at trial, but not have a lawyer for any of the events leading up to it.
You also do not have to wait until you have a problem or the problem gets out of hand before you contact a lawyer. A lawyer can provide you with a legal opinion about your options in a particular situation, negotiate with other parties for you, and give you advice about your legal rights and responsibilities.
It is important to keep in mind that lawyers are not experts in every area of law. Many restrict their practice to one or two areas of law and may need to refer you to another lawyer if your particular question intersects with an area of law they are unfamiliar with. For example, a family lawyer handling divorces may not have any knowledge or experience with corporate law. Always be sure to look for a lawyer that is knowledgeable about your particular legal issue. If you are uncertain, ask the legal professional if they have ever worked with a case similar to yours. Though no two cases are exactly alike, they may still have insights that will help in your current situation. If not, the legal professional you are speaking with may have the name of another lawyer who can assist you.
Contact Us
If you are interested have questions about visiting or immigrating to Canada or need a legal consultation, I can help. Contact me at 1 (437) 747-8008, or email kristina@kvalaw.ca and I would be happy to assist.
For more information on the application process from consultation to final decision, click here for an informative booklet!
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