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Working with Lawyers (or Consultants) Effectively


As in most everything else, achieving a good and satisfying relationship involves a two-way process.   The same applies in choosing and eventually working with a lawyer or legal consultant.  If you are thinking of consulting with or retaining a lawyer’s services, here are a few tips that could hopefully make the experience a positive one.  Since I obviously cannot speak for all lawyers or legal consultants, the suggestions below are mainly based on my own limited experience.

First of all, your choice of a lawyer or consultant should not be driven solely by financial considerations.  That is, do not choose a lawyer  or consultant solely because he or she charges the lowest fees.  Conversely, the fact that a lawyer or consultant charges the highest rate does not necessarily translate into the best  services.  As clients, we need to understand that lawyers’ or consultants’ fees are driven by various considerations.  These include, the lawyer’s or consultant’s specialization, the complexity of legal issues involved and estimated amount of time it will take, the volume of cases or transactions already being handled, the location and cost of overhead expenses, the potential risks and amount of work involved, the client’s means and ability to pay, etc..   Depending on your particular situation, one way to determine whether the cost is reasonable is to verify the range of services covered, the approximate cost of disbursements and the flexibility of payment terms. 

Although the cost is of course a significant factor to consider, one also needs to weigh other equally important factors such as communication lines, for instance.  That is, are you comfortable with the fact that you can only speak with the legal assistant and receptionist and only see the lawyer (if at all) when signing or commissioning documents?   Does the lawyer or consultant return calls within a reasonable time?  Are you able to convey all relevant details to the lawyer or consultant handling your case, in a language with which you are fairly comfortable?

Another important factor is compatibility with your personal values.  Does the legal advice  involve ethical or moral issues that you feel uncomfortable about or disagree with?  You must always remember that a lawyer can only provide legal advice but cannot force you to do anything against your will.  For instance, if the legal advice involves telling untruths or intentionally misrepresenting facts, then you should be very wary.  The same is true for all other types of advice that consultants provide.  It is your life and legal situation that is at stake.  If you feel that the advice is against your moral values or beliefs, then this is one clear sign that the lawyer or consultant is not the right one for you. 

It is also important for you to ensure that the lawyer or consultant is a member in good standing with the relevant regulatory body.  This means, for example, membership with the Law Society of Upper Canada (LSUC) for a lawyer in Ontario or with the Canadian Society of Immigration Consultants (CSIC) for immigration consultants.   These regulatory bodies have mechanisms in place to allow wronged clients to file complaints against the lawyer or consultant.  While the systems in place are not perfect, they are meant to protect the public against unscrupulous practices and unprofessional service.   While this may entail some research or investigation on your part, it is well worth the effort and would prove invaluable in the end. 

To ensure that your matter is attended to promptly, you also have to provide all the required documentation and ensure that you have disclosed all pertinent information.  If you are unsure which information is relevant to your legal matter, feel free to ask.   It is always better to provide all relevant information earlier rather than disclose them at a much later stage when it could potentially involve more time and money to adjust the legal strategy or remedy being pursued.  If you choose to obtain the services of a lawyer, the principle of lawyer-client privilege is an added assurance that client information is treated with utmost confidentiality.

As in everything else, treat your lawyer or legal consultant and their office staff with honesty, respect and candor.  Although you are a client and are paying for the legal services provided, this does not give you the license to make unreasonable demands or to use their services to unjustifiably make life difficult for others.  The law is not meant to be an instrument for revenge or as a shield for wrongdoing.   Negative stereotypes about the law and lawyers may say otherwise.  But it is about time that this bad reputation (whether justified or not) is changed.

However, it is not only up to the lawyers and legal consultants themselves to effect this change.   If you as clients, will refuse to work with those who encourage unethical practices or any other type of wrongdoing, then hopefully, these unscrupulous practices will cease.   At the same time, you are also ensuring that the law is being used as it should be: to uphold truth and justice instead of otherwise.

After all, upholding truth and justice is everyone’s responsibility.

The author would also be interested to hear your views on this matter and may be reached at mdsantos@osgoode.yorku.ca. 

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