Although hiring an attorney usually becomes an urgent matter, haste is your enemy. Always keep in mind that the attorney you choose will accompany you through the legal process while speaking and negotiating on your behalf.
From the initial meeting to the closure of the case, your attorney will take charge of administrative and legal proceedings while being in contact with several agencies and establishments. As switching gears along the way by appointing another attorney may prove difficult and rather risky, make sure you make the right choice at the onset of your case.
Here are eight (8) crucial steps to follow:
1. Identify your needs
Before you start looking for an attorney, make sure you understand your needs (in terms of schedule, availability, and budget) and the sphere of law in which you require assistance (civil, family, criminal, road safety, and so on). Keep in mind, for instance, that there is a huge difference between requiring specific legal advice and needing a law firm to take charge of your business’s legal department.
2. Understand what the attorney’s fields of expertise are
Since the legal profession encompasses so many different fields (civil, family, commercial, criminal, public, real estate, business, etc.), make sure you appoint an attorney whose specialty, training, and professional experience correspond to your situation.
3. Confirm that the attorney is an actual (and current) member of the Bar of Québec
Before you entrust any kind of assignment to an attorney, confirm that they are a member of (and in good standing with) the Bar of Québec. In the end, the actions of an « impostor » could cost you a lot of money and cause your rights to expire.
4. Pay close attention to recommendations from family and friends
Word of mouth remains one of the most reliable marketing tools in the legal profession. If a friend or family member recommends an attorney with whom they had a positive experience, ask them questions. And remember: personal references are by far more reliable than comments posted online.
DO NOT rely solely on word of mouth
No single attorney is skilled in all the spheres of law. For instance, the attorney who successfully represented a neighbor who was unjustly dismissed will most likely not be experienced in criminal law. Also, if a friend recommends a law firm that represented them well a few years ago, keep in mind that the specific attorney who was in charge of the case may no longer be available (or even working there). So pay close attention to word of mouth…but consider other requirements as well.
5. Rely on reputation and references
As you may surmise, more and more potential clients use the Internet as a research tool. Should you be one of them, know that you can rely on a few websites such as JuriRéférence, as well as on the Bar of Québec’s own reference service. Comments posted online may also prove useful.
If need be, ask the attorney to provide the names of specific cases they have managed in the past so you can assess the quality of their work. Obtaining the up-to-date résumé of specific attorneys might also be a good idea, as you need to know what kind of training and experience they have gathered over the years. Also, keep in mind that an attorney you already know well may refer you to colleagues specialized in a particular field of law.
6. Set up an initial meeting
As first impressions are usually quite accurate, the first meeting you will have with the attorney will teach you a lot about their overall demeanor and communication skills. Always keep in mind that the attorney-client relationship rests primarily on trust.
Here is a list of questions you should ask the attorney during the initial meeting:
- Is my situation likely to be resolved amicably (i.e. out of court)?
- Does my case have any merit?
- If so, which of my rights do you intend to enforce?
- How long should the case take to settle or dispute?
- How much should the overall process cost?
- What legal consequences should I expect if I win (or lose) the case?
Once the meeting ends, ponder the following issues :
- Do the attorney’s background and experience align with my current legal needs?
- Am I convinced that this attorney is endowed with sufficient skills and experience ?
- Did the attorney provide clear and relevant answers?
- Do I feel at ease with this attorney?
- Can I afford this attorney’s services?
- Did I consult this attorney based on a reference?
7. Learn more about the ethics of the profession
Not unlike several other professional activities, the legal profession is governed by strict ethical principles you should know about before you meet with an attorney. In fact, we strongly recommend that you consult the Bar of Québec’s website on that matter.
8. Compare rates and pricing schemes
Although the topic of coin should not be your only concern while shopping for an attorney, make sure you compare the rates and prices offered by several law firms in regards to similar services. In the event where the attorney you are meeting with was unable to provide a precise estimate of their fees, ask them to “ballpark” the figures before you entrust any assignment.
Les honoraires d’un avocat varient en fonction de quels facteurs?
An attorney will consider many parameters when negotiating a pricing scheme:
- Reputation and experience
- Time and efforts invested in the case
- Complexity of the case
- Importance of the outcome (from the client’s point of view)
- Extent of the liability incurred
- Unusual services or expertise
- Prices and rates determined by regulations
- Fees paid to third parties in order to complete the assignment
- Outcome of the proceedings
- Financial situation of the client
What about experience?
Do not believe that the more experience, the better. Young attorneys prove every day that devotion, motivation, determination, discipline, and knowledge yield impressive results in several fields of law (such as civil, family, professional liability, and road safety). Also, as building a client base is the prime objective of younger attorneys, their rates are usually much lower.
Most importantly, do not assume that the experienced attorney you have chosen will actually take charge of your case. The more « senior » the attorney, the bigger the chances that they are overworked and will delegate the assignment to younger collaborators (or even interns).
Pricing methods
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Lump sum
A lump sum is the preset, definite amount of money the client must pay their attorney. When discussing a lump sum, make sure that it covers non only professional fees but also foreseeable expenses (travelling, printing, copying, third-party expertise, and so on).
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Hourly rate
The client pays their attorney for each an every hour the latter spends working on the case (whether it be talking on the phone, meeting with people, or acting before the courts).
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Percentage
The attorney agrees to collect a preset fraction of the proceeds the client will receive once the case is over. Obviously, an agreement must be reached as to what will happen should the client not be paid anything. Most percentage agreements occur when the client seeks compensation in the form of damages. Forst and foremost, understand that a higher percentage does not mean that the attorney is more experienced. A surprisingly low threshold, however, may signal that the attorney is unsure of their competence.
Does the physical location of the law firm matter?
Street address
As you may be required to meet with your attorney on several occasions, keep in mind that the closer they are to your home, the lower your travelling expenses will be. Logistics will also be greatly improved if your attorney operates in close proximity to the courthouse they must reach whenever your case shows up on the agenda.
Appearance of the office
Prestige and luxury have very little to do with an attorney’s skills and experience. In fact, some attorneys will use smoke and mirrors as a means of increasing their rates. Conversely, be wary of attorneys who welcome you in a disheveled, shared, or public environment. At the very least, you should expect an attorney’s office to be private, tidy, and sufficiently equipped.
Need an attorney?
Regardless of how overwhelming your personal, domestic, or professional problems may seem, take the time to collect all the information you need about your potential legal advisor, In doubt, feel free to contact Accident Solution.
