BUYING LEGAL SERVICES

Purchasing legal services is the same as purchasing any other product or service. Basic questions need to be asked. Do I need the service? How much is it going to cost? What services or features do I actually need? What happens if something goes wrong with the product? If you follow the same or similar steps as you would in purchasing your car you will receive better satisfaction and value for your dollar.

Step 1. Do I Need The Service?

Many people don't get this far due to an innate fear of the legal system. Most lawyers, especially if you have developed a rapport with them as a continuing client, will provide you with at least a free telephone call. You should be able to figure out whether you need a lawyer and what it will cost with a minimal expenditure in time and money. There are also services provided by the Canadian Bar Association, including a lawyer referral service (1-800-663-1919) that provides referrals for a $10 half hour consultation. The Bar also provides a dial-a-law program which gives messages on a wide variety of legal topics. telephone 1-800-565-5297 or www.bccba.org. The Legal Services Society, although their work has been severely curtailed due to budget cuts, still provides legal aid primarily for matrimonial law, and a law-line 1-866-577-2525, website www.lss/bc/ca.

Step 2. Do I Need To Go To Court?

Many legal disputes have their source in human emotional needs. Revenge and greed are powerful motivators. Our system, unlike the American, primarily deals with monetary compensation based on actual loss. Most of the time it provides little or no compensation for emotional turmoil (punitive damages) wrought by the actions of others. Nor is a judge likely to publicly admonish the other party in the dispute. Although the case may be very clear cut to you, the judge who hears both sides of the case and spends all day listening to similar disputes, is likely seeing various shades of gray. Especially in matrimonial cases there is often no clear winner. There are other costs involved in legal disputes, not just the legal fees. The time away from your work can be considerable. A legal case is a stressful affair and this has hidden costs. Our adversary system pits one client and their lawyer against the other client and their lawyer. Being cross-examined is never pleasant. How about mediating your dispute?

Step 3. Getting Good Value For The Money.

It may not make sense to hire a lawyer for a $15,000 case in the Supreme Court. It is often a prudent business decision to forego the excess over $10,000.00 and take the case to small claims. You could more easily do it yourself and if you lose the court costs awarded against you are much less. If you are looking for legal services such as preparing a contract, the dollar value is very important. A small contract may be something you could prepare yourself. If you are dealing with a large monetary expenditure it would normally make sense to have a lawyer perform the service because the risk of you making a mistake may have dire consequences. Likewise, the risk of not knowing what your lease means or not knowing that your common-law spouse needs to be provided for in your will are less tangible but real. Remember, knowledge is power.

Step 4. Unbundling Services.

Normally realtors provide two services to their client. One is the marketing service, two is the service of preparing a contract. If you feel you can market your own home you should probably get a lawyer to do the contract. Looking back to step 3, house sales and purchases are the biggest ticket items most people will deal with in their lives. Having a lawyer write up your contract will cost a few hundred dollars but may well save you thousands if problems should arise. Don't forget you have just saved yourself several thousand dollars already by not paying a commission. Another example would be using some of the money you saved by going to small claims court yourself to hire a lawyer to prepare your written claim and give you some advice on the evidence required to prove your claim. Just remember to be clear as to who will be doing what part of the case.

Step 5. Be Honest

Would you expect your deck renovation's cost to go up if you neglected to tell your contractor about the underground stream in your back yard. Lawyers need to know the good and the bad about your case to provide a meaningful prediction of the outcome and estimate of expenses.

Step 6. Be Realistic

If your opponent has deep pockets and/or loves to fight it will likely take more money to bring your case to a conclusion. Don't delude yourself into thinking your will is simple when you have been married three times and want to disinherit a few children. If you spent the last 20 years fighting with your wife don't figure your divorce will be easy or cheap. At some point the law of diminishing returns sets in. If it costs you $5000 in legal fees to maybe (if you win) another $10,000 is it worth it?

Step 7. What About The Warranty?

Most lawyers are not interested in having dissatisfied clients. If you have a problem contact your lawyer to try and resolve it directly. If matters seriously go off the rails you may obtain recourse through complaints to the Law Society of British Columbia. Lawyer bills can be reviewed in court through a simple process. Lawyers are also covered by errors and omissions insurance and there is protection for the consumer from fraud perpetrated by a lawyer.

So remember, going to see a lawyer is like any other consumer activity. A little knowledge can go a long way to save you money and/or increase your satisfaction with the service.