The decision to hire a lawyer is a big step. In this article, we break down the preparation and due diligence required in the process
Updated Sep 25, 2024
According to a 2024 study from the Canadian Forum on Civil Justice, an estimated 34% of people have one or more everyday legal problems. While they seek advice from friends or relatives, they often do not consult a lawyer until it’s too late.
One of the possible causes of this problem is that people don’t know where to start when they want to hire a lawyer. This article can help - we’ll share a basic guide for clients to follow when seeking legal advice.
To become members of the Law Society of Ontario (LSO), lawyers spend years in law school learning how to help the rest of us understand the law. This includes learning legislation and its regulations, and how the courts and tribunals have previously interpreted statutes through case law.
However, with around 57,000 lawyers in Ontario alone, finding a lawyer can be a daunting task. Finding the right type of lawyer, be it a real estate lawyer or insurance lawyer, may seem equally difficult.
Here are some of the questions to ask when deciding to hire a lawyer in Ontario:
We’ll discuss each of these questions below. The following video shows additional questions to know if one really needs to hire a lawyer:
Check out this Special Report on the Top 10 Ontario Regional Firms by Canadian Lawyer, our sister publication.
Depending on the case, there are two instances when clients might need to hire a lawyer:
There are specific instances and legal practice areas where having a lawyer would be more beneficial, such as:
This list is not exhaustive – there are other cases or other legal practice areas that require a lawyer’s expertise and advice.
Below are some suggested instances when clients should contact a lawyer right away:
Before a legal problem becomes out of proportion, we may sometimes ask for small and trivial legal advice. Most of us will likely get them from friends and relatives, the internet, and even our legal opponents. However, giving out legal advice is a highly regulated task that only lawyers and paralegals can do, according to the LSO. For example, court staff are not permitted to give legal advice or help fill out forms.
Lawyers themselves are the best people to advise on whether someone needs legal services. Many offer free consultation. There are other resources that can help identify what legal service clients might need before they go through the expensive process of retaining a lawyer.
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— CLEO (Community Legal Education Ontario) (@CLEOLegalRights) September 13, 2024
CLEO’s Guided Pathways help you fill out legal forms, draft letters, and identify your next steps in various areas of law.https://t.co/I0pN4PVcPg#50yearsofCLEO pic.twitter.com/F0BUlC3tgO
Many people still find their lawyers the old-fashioned way: by word of mouth, either from a friend or from a lawyer in a different practice area. Some may meet lawyers through community organizations, such as legal workshops offered at local libraries. More and more lawyers are actively sharing their expertise on blogs, in newspapers, on TV and on social media and may attract clients that way.
For a systematic way to hire a lawyer, these resources are available:
The question of how much lawyers charge may be a deciding factor in selecting a legal advocate. Of course, the more prestigious a lawyer appears to be, the more they may charge for each hour of work. A partner may cost more than an associate, and a big-firm lawyer may cost more than a sole practitioner, for instance. Previous accolades, such as judicial or government experience, may also put a lawyer more in demand.
There are several payment methods for lawyers, which can depend on the case. Lawyers may charge based on contingency or flat fees. Since many charge by the hour, it would help for clients to come prepared with questions to make the most of the session.
Another option is to pursue lawyers who offer unbundled legal services. Here, a lawyer handles certain parts of the case, rather than a full, traditional retainer.
When hiring a private lawyer becomes too expensive, there are other ways to get the best legal representation and advice. Below are some options for free (or reduced rate) legal services in Ontario:
Celebrating excellence in pro bono work! Congratulations to the #LawAwardsCA Excellence Awardees in the Pro Bono Initiative of the Year category!
— Canadian Lawyer Magazine (@CanLawMag) April 20, 2024
Join us in celebrating their impactful contributions to the community! 🎉
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Check the full list of the best pro bono law firms in this Special Report from Canadian Lawyer on the Best Pro Bono Law Firms in Canada.
If you want to know how do pro bono lawyers get paid in Canada, read this guide.
Now that we have the tools to use when searching for a lawyer, the next part would be how to choose the perfect lawyer to hire. For a large city, there are hundreds or thousands of available. Limiting searches is vital to avoid wasting time and resources.
Here are some considerations when choosing the right lawyer:
Prospective clients can look at a lawyer’s undergraduate program and the law school where they took their LLB or JD (including their awards perhaps). Many lawyers continue to get their Master of Laws (LLM), which can give them deeper subject-matter knowledge. Some even have a PhD or teach law school classes. These factors in their education may also be related to the legal area they’re practicing in.
It’s important to align the search with one’s specific needs. Clients should look for lawyers in a specific legal practice area or field of law that can handle their case. For example, if a case involves an employer or supervisor, a labour and employment lawyer is the right choice.
Lexpert’s peer-reviewed directory of lawyers and law firms by practice area works well for this. LSO also lists certified specialists who have completed extra training in a certain area of law. The Ontario Bar Association also has practice area-specific lists of lawyers.
The number of lawyers may differ in every city and province. Lawyers practicing a specific field of law in each city or province will also vary.
Using the Lexpert directory, choose Ontario from the drop-down list for a listing of the best lawyers in Ontario.
The ultimate test of a lawyer’s skill may be whether they have won similar cases — especially those that are high-profile or precedent-setting. Aside from the Canadian Legal Information Institute and the Supreme Court of Canada, Lexpert’s individual lawyer profiles can also show the types of cases they’ve handled previously.
Markers of prestige for lawyers include being elected as a law society bencher, receiving certain awards, pursuing advanced education, or working at a top-tier firm.
A lawyer’s past complaints or restrictions may also be found in LSO’s Law Society Tribunal, which posts major complaints against them by name and year.
When meeting with a lawyer for the first time, clients can consider asking about:
Hiring a lawyer has become quicker and more efficient due to modern tools. Just the same, clients should carry out their due diligence and research as part of their decision to hire a lawyer. With this approach, finding the right legal support becomes more manageable, bringing clients closer to resolving their case.
Would you have any tips to add for clients looking to hire a lawyer? Let us know in the comments below