Introduction
FAQ
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FAQ






When should I call a lawyer?

You should call a lawyer anytime you are unsure of your legal rights and responsibilities and want answers.

Calling a lawyer is the first step to finding out how the law applies to you or your situation.

What can a lawyer do for me?

A lawyer working for you can provide advice and information as you make important personal or business decisions. Perhaps you need to resolve a problem or dispute. A lawyer working for you can ensure that your legal rights and privileges are protected.

Lawyers know the law in detail and understand it. You may be familiar with some aspects of law, but a lawyer is educated, trained and entitled to give you a legal opinion. Because each and every situation is unique, the legal opinion of a lawyer can put you, your family or your business in the best position possible to move forward.

A lawyer can help you prepare a will, buy or sell a home, close a business deal, get a divorce, negotiate or change custody arrangements or handle refugee and immigration issues and so on. If you need to resolve a dispute or to make a decision that may affect you, your family or your business -- now and into the future -- a lawyer can help.

When can I represent myself?

You can represent yourself in virtually any legal matter. You're not obliged to hire a lawyer for legal advice or to complete a business or personal transaction. A person charged with a criminal offence, however, will seldom appear in court without a lawyer.

That said, it's wise to know the consequences before you take action. A lawyer can offer an objective and impartial point of view and tell you what to expect. A lawyer's advice can guide and confirm your decision or lead you to consider new or different options.

Specialized training is required to understand the legal complexity of a will and power of attorney, for example. It's unlikely you will know how much you or your estate may be charged if your will is contested or problems arise.

When important things are at stake, informed decisions are the best decisions you can make.

What training does a lawyer have?

The education and training required to become a lawyer in Ontario are extensive and unique to the profession. Most lawyers satisfy the requirements of a university undergraduate degree before entering law school for three years of specialized study. Studies completed at a university law school are followed by "articling" -- a year of internship where students-at-law act as clerks for senior lawyers in practice.

Students-at-law must also complete an intensive, six-month course and stand for final exams before they are "called to the Bar". The Law Society of Upper Canada is a self-regulating body that recognizes an individual as a fully qualified lawyer with the successful completion of the period of articles and the bar admission course.

Continuing education is important to the work of lawyers. The law evolves by virtue of court decisions and appeals, by way of government legislation and through the entitled practice of law. More importantly, the law is applied to the events and situations that take place in Ontario every day. Lawyers keep pace and maintain their legal expertise by following cases before court, reviewing court decisions and attending specialized seminars that deal with current legal issues.

Where do I find a lawyer?

Start by asking a member of your family, a close friend or a co-worker to recommend a lawyer. You'll feel more confident with the recommendation of someone you know and trust. Women's shelters and other community agencies may recommend a lawyer to you. Or you can check the Yellow Pages of your telephone book under "Lawyers".

A lawyer referral service is offered to the public by the Law Society of Upper Canada. For a $6 charge generated on your phone bill, you can call the Lawyer Referral Service at 1-900-565-4577.

For those callers who are incarcerated, or are in crisis (domestic abuse) situations, you can call the LRS at 416-947-3330 in the Toronto area, or toll-free 1-800-268-8326 from elsewhere in Ontario.

Lawyers who participate in the referral service program will offer you a free consultation for up to half-an-hour. During the consultation, you can find out:

  • How the law applies to your situation;
  • How to use the law to solve your legal problem;
  • How long the legal work might take; and
  • How much hiring a lawyer might cost.

After the consultation, you can decide if you want to hire the lawyer to work for you.

What kind of lawyer do I need?

Finding the right kind of lawyer is important. This is especially true if you're concerned about your situation and don't know what to do next.

Some lawyers have a specialized practice. A lawyer in a family law office, for example, can help if you are separating or getting a divorce. Lawyers specialize in such areas as poverty, real estate, refugee and criminal law. Other lawyers have a general practice and work in various areas of law.

If you call the lawyer referral service, someone will ask you some basic questions to help determine the kind of lawyer you need.

When you call a lawyer, try to be frank and describe your situation in a clear and concise way. It's a good idea to prepare a few notes or questions ahead of time. Lawyers have an ethical duty to say whether or not they are suited to your case. Your lawyer will also want to know if you require wheelchair accessibility or have special needs.

You may have some concerns about your situation and its outcome, but you should feel good about your choice of lawyer. Otherwise, it will be difficult to follow their advice. Most lawyers say that trust is essential to the success of the work they do. Lawyers are prepared to earn your trust. Know that a lawyer working for you is on your side.

Above all, look for a lawyer whose personal approach, expertise and experience give you the ease and confidence to discuss the personal details of your situation. It's important you talk openly with your lawyer. Everything you tell a lawyer is confidential information.

Take time to find the right lawyer to meet your legal needs

How much do lawyers cost?

You can and should discuss the lawyer's fee when you first talk. Like all professionals, lawyers charge a range of fees that vary according to experience, expertise and other factors. Some lawyers charge a flat fee for preparing a will and other specific tasks.

Every situation is different and legal work varies in complexity. It may not be possible for your lawyer to set an exact fee for the work that lies ahead. If that's the case, ask for an estimate in writing and the status of your account at key milestones.

Lawyers are also business people and set their fees to be affordable. But if your legal situation is urgent and serious and you have little or no money left after you pay for necessities like food and housing, you may be eligible for legal aid.

The certificate program is the basis of legal aid. If you are eligible, you can take your legal aid certificate to the lawyer of your choice. Check your phone book's white pages under "Legal aid" for the address of the Legal Aid Ontario office nearest you.

Are there consumer safeguards when I hire a lawyer?

Yes. There are consumer protections and safeguards when you hire a lawyer in Ontario.

When hiring a lawyer, you are protected against the possibility of incompetent or fraudulent practices. If you suspect professional misconduct or conduct unbecoming a lawyer, you can file a complaint with the Law Society of Upper Canada. There are ways to appropriately address grievances.

When hiring a lawyer, you are protected by errors and omissions insurance that a lawyer holds as a condition of practice. A lawyer is educated and qualified to handle the potential for complexity that exists in virtually any kind of legal service. But a lawyer also has errors and omissions insurance to guarantee the protection of your legal rights.

How can I keep my legal fees down?

Write your questions down before you call or meet with your lawyer. If you are well prepared, it will save everyone's time. The time you spend preparing notes and questions will help you feel more in charge of a situation that may be difficult or upsetting. Think positively. With answers to your questions and sound legal advice to help with important decisions, you are working to resolve your problem. You're making progress.

Tell the truth. Give your lawyer information that is as complete and accurate as possible. Your lawyer will need the truth to help resolve your problem and protect your rights. Remember that everything you tell your lawyer is confidential.

Get organized. Keep relevant papers together in a box or file folder. Bring the documents you need to meet with your lawyer.

Stay focused. Use time with your lawyer to review your legal options or discuss ways to resolve your situation. Get to know your lawyer's staff. Your lawyer will want to speak with you when it's crucial to do so, but there may be times when a secretary or law clerk can help.

What should I take with me to the first meeting?

To help you prepare a will, your lawyer will need to know who you have chosen as your executor or executrix, as well as some information about where your assets are kept and the names and addresses of your beneficiaries. If you are selling your home, bring the property deed, land survey and your mortgage papers along with the sale agreement. For family law, your lawyer will need details of your employment, finances and expenses. If you have children, estimate the costs associated with their care. Your lawyer will want to read any documents that have been served or presented to you to help resolve a civil or criminal matter. Bring them with you and anything you think may help explain the situation.


 
 
 
 
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