Communicating Effectively With Your Lawyer
By ZARAH WALPOLE
I'm delighted to be returning to the practice
of law. I am joining the Barrie law firm Burgar Rowe as
a solicitor. I'll continue to provide mediation services.
In honour of this move, I've decided to focus this month's
column on techniques for getting the most out of meetings
with your lawyer. I know that talking with a lawyer can
be intimidating but there are concrete steps you can take
to make your communications more effective and, ideally,
less expensive.
The first thing to remember is that your lawyer
is there to help you. Lawyers owe a number of professional
duties to their clients, which include:
- A duty to be competent;
- A duty of confidentiality;
- A duty not to enter into a conflict of interest; and
- A duty to preserve a client's property.
These duties are designed to ensure that lawyers
will always act in their clients' best interests. You, in
turn, have an obligation to give your lawyer all relevant
information, even if it seems like negative information.
Your lawyer cannot fully serve you unless she has full disclosure.
The legal profession is logical and analytical.
So, the more organized you are, the more effective your
lawyer can be in helping you. Before meeting with your lawyer
think about what issues you are facing; what you hope to
accomplish; how you want your lawyer to assist you; what
questions you have; and how much you expect to pay. Make
notes of these points and take them to the meeting.
When you meet with your lawyer you need to
explain what has happened and what you want to do. You should
explain your situation simply and clearly, starting from
the beginning. Put your thoughts and questions in writing
ahead of time. Use your notes to guide you. Ask questions.
If you don't understand anything your lawyer says, insist
that she explain again. Ensure that you understand the steps
you need to take and what steps the lawyer will take before
your next meeting or phone call.
I cannot emphasize enough the importance of
making sure you bring copies of all documents that may be
relevant to your situation. Lawyers rely heavily on written
materials. For example, if you have a dispute with your
landlord, your lawyer will need to see a copy of your lease
and won't be able to proceed without doing so.
Finally, don't be shy - discuss fees
up front with your lawyer. Generally lawyers charge either
an hourly rate or a flat fee. There may also be disbursements
which cover expenses such as photocopying, long distance
calls, and government filing fees.
Your lawyer will work much more efficiently
(and cost effectively) if you explain clearly exactly what
you see as the problem (from a factual rather than emotional
perspective), and what you want done. Supply all the necessary
paperwork and documentation up front. Remember, your lawyer's
job is to use her specialized knowledge to help you. Clear
and open communication makes that job much easier - for
both of you.
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The above is not intended to constitute
legal advice. Please contact a lawyer to clarify your
legal rights.
