Sunday, August 24, 2008

Choosing the Right Lawyer

It's a difficult choice choosing the right lawyer. There are so many lawyers out there, how do you choose the right one for you?

Here are a couple of suggestions I have:

1. No lawyer is going to be able to suit every type of client. Like clients, lawyers have certain values which they place in high priority, and other values which they do not. For example, a lawyer colleague of mine values "a quick resolution", he is a "tough litigator" and he "gets to the point quickly". Ensuring that his client does not get taken advantage of is a high priority for him. Another colleague of mine values "knowing the law", she ensures "all the i's are dotted and all the t's crossed"and she is "careful". Ensuring that an agreement or deal is "rock solid" may be of high importance for her. Finally, another colleague values "supporting the client through the process"and he "holds the client's hand through the process". Returning a client's phone call (which lawyers are notorious for not doing) is a high priority for him. My point is that you must decide what values you have and match them with a lawyer who shares those values for the job that needs to get done. I appreciate that this is extra effort, but it can save you time and money in the long run. When you call a lawyer on the telephone, ask them what their personal style is in resolving a case. What do they value in their work?

2. My personal belief (and I'm sure there are many lawyers who will disagree with me) is that a lawyer who specializes in an area of the law will provide better quality service than one who is a "generalist". There are many lawyers who practice a few areas of law at the same time. In addition to family law, they may practice immigration, real estate, employment law, etc. There are many great lawyers who can practice all of these areas with equal competence and skill. However, there are also a few lawyers who cannot keep up with changes in each area of the law. So, beware...

3. A lawyer who has been practicing for a few years will provide better quality service...to a certain extent. In general, you do want to choose a lawyer who has a few years of experience under their belt. They have to know what they are doing, and whether they do or not will become obvious, at least, when you have your first consultation with them. However, after a few years of practice, I feel that most lawyers are on an equal footing. In other words, a lawyer who has been practicing for 15 years should provide the same quality of service as a lawyer who has been practicing for 30 years. I'd also like to say that there are lawyers who have been practicing for 2-3 years who provide a fresh perspective and tenacity to a case, which a senior colleague cannot provide. And, it is the senior colleague who provides grace and wisdom to a case, which an inexperienced lawyer cannot provide. Again, years of practice is a good thing...to a certain extent.

4. Choose a lawyer you can afford. This goes without saying. Most lawyers charge on an hourly basis. (I personally believe that, except for simple matters, you are best to steer clear of lawyers who charge a flat fee for a family law matter. Cases vary so greatly in terms of the time they take to complete.) Clients often ask me how long and how much it will cost to resolve their case. I tell them that I do not know, and that it depends on how quickly they and their spouse can come to agreement. However, I am able to give them a range of how long an average case of mine will take and how much an average case will cost. So, in addition to asking a lawyer what his/her hourly rate is, make sure to ask what their average cost of completing a case would be.

Hope that helps.

1 comment:

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