FINDING A GOOD LAWYER

By Jay Chauhan, LLB.

Different Countries Background

New immigrants find it a challenge to find a good lawyer. There are a number of reasons for it; one of them is the background the new immigrants come from. South Asians come from many different countries, including India, Guyana, East Africa, Fiji, Sri Lanka, Pakistan and Malaysia and other countries. Each has some what of a different history and background which affects the way the lawyers are used in that country. The new comer carries that information with him to Canada.

Education

Educational level of the person seeking a lawyer affects his decisions. With education one learns more quickly how the new country and system works. In the old country, it is often not the tradition to use lawyers, as problems are solved by elders and others in the community. Lawyers are considered a luxury. If the person has a business background in his home country it is more likely that the person has been exposed to lawyers and legal services.

India

Some jurisdictions like India, have similarities to the common law inherited from England, but the every day practice of how the law is applied with the use of lawyers can be very different. Indian courts take sometimes years to solve the legal problem and lawyers are perceived as a group unto themselves whose first priority is not necessarily the client. When one comes from such a jurisdiction, there is some what of a negative image of the lawyer and the court system. It takes time for the newcomer to learn and understand that the Canadian Legal System. Most new comers do not immediately come in contact with the legal system and when they do it is usually for purchase of a house or a traffic offence. South Asians generally under use the legal resources. There is also an element of culture in which the person would rather loose his legal rights than engage in a conflict.

Criteria For Choice Of Lawyer

Not having the experience of seeking a lawyer the knowledge and criteria for choosing a lawyer could be limited. In such a case the amount of fees charged becomes the focal issue. It is only when the person or a friend or relative has

gone through a bad legal experience when he becomes more aware of the need to choose a lawyer with other traits. Such experience is gathered by a hit and miss process. The more sophisticated client will choose the lawyer with other traits such as loyalty, integrity, language ability, thorough handling of the file, specialty of the legal knowledge and other factors.

Purchase Of A House

South Asians are more inclined to buy a home as they get settled and therefore the buying a home for the first time is when the family first gets their exposure to the Canadian lawyer. The Real Estate Agent usually is the person referring the lawyer. Agents tend to look for a lawyer charging the lowest possible fees. The first question is “What do you charge for the purchase of a house?”.

This approach has led to unbelievably low fees for real estate purchases and sales with the net result that the lawyer does not have time and incentive to do all the detailed checking required to ensure good title. The assembly line approach with delegation to the law clerk to carry out a large number of routine matters increases the risks of mistakes. The lawyer’s insurance records in Ontario reflect the fact that this area of law creates the largest number of errors with lawyers. Most purchases will go through without a problem, and it is not until time that some problem arises that the client becomes aware of the need to seek a lawyer who is through and who may charge more fees.

Expertise

Many clients with some experience will look at the expertise of the lawyer and check if the lawyer has knowledge and practice of Real Estate, Corporate Law, Accidents, Litigation, Small Claims Court, Estates, etc. The question a client needs to ask is, “Is the lawyer always good for that client because he is an expert in a field?” or should he consider other criteria’s, such as his honesty and integrity? or his hourly rate?. Some lawyers take pride in saying “That is all I do”, which presumes that expertise has been achieved by sheer limitation of the activity conducted by that lawyer.

Sophisticated Criteria

One ought to consider other important traits in finding a lawyer; such as “What is the past history of that lawyer which would demonstrate not only his expertise but his attitude to fees and integrity?” Why is integrity so important for a lawyer? It is because in a complex file, especially in areas such as litigation or family law it is not always possible for the client to assess fully the implications of the advice and its consequences. Sometimes what the lawyer advises can be helping the lawyer more than the client.

For example, in Family Law, where the spouses are separating and the emotions and hostilities are high, it is very easy for the lawyer to suggest strong litigation measures. It often helps the client emotionally to get back at the other spouse. A lawyer can sense that hostility of the client against the spouse and encourage litigation instead of suggesting mediation. If the lawyer is objective and has integrity he can assess the position of the other party and suggest a compromise. The lawyer builds up reputation for his style and the client must choose between lawyers who have the style that suits him. This is not publicized in advertising or in Yellow Pages. One must find this from talking to others who have used that lawyer.

Efficiency And Politeness

If the lawyer carries all his files on his desk you should ask yourself, “Is he organized?”. If he does not answer phone calls for days, it is a sign that the lawyer may be very good and an expert but he does not have time for you. Efficiency should be matched by politeness. There are some lawyers who may in your interaction show that he is the lawyer and you are the client. Today’s lawyer talks more like an equal to the client. This politeness to the client has to come not only from the lawyer but also his support staff.

Individual Services

Lawyer’s services are very individual and personal. All lawyers are not equal. All lawyers in Ontario generally have at least two degrees, but education is no guarantee of loyalty to his client and his cause.

First Meeting

The first meeting with a lawyer is very important in assessing the lawyer. It is also very important for the lawyer to assess the client in the first meeting. It may be difficult but helpful to ask the lawyer for his background in the first meeting, his specialization, other cases of the type done in the past, how the lawyer charges fees, etc.  It is very easy these days to find the discipline history of the lawyer on website.

There are lawyers who do not charge fees for the first half hour. I find it better to ask for some fees for the first meeting because it enables you to give objective advice without encouraging the client to engage in litigation if there is no case to be made out.

Legal Fees

It is common for lawyers to charge fees which range from about CAD$200.00 to CAD$350.00 per hour. I would estimate that over 60% of the costs goes to overhead expenses of the lawyer, as the lawyer must pay all his overhead expenses and equipment from the fees collected, unlike a doctor. When a lawyer does give a fixed fee for a job he must take into account the time needed for doing that job. When it is obvious that a job would take several hours and then the fees charge do not reflect that amount, the client must ask himself if he is really going to do the job thoroughly and efficiently.

South Asian Lawyer

Should you look for a lawyer in your own community? In family cases it would be definitely an advantage to look for a lawyer who not only understands your language but also your culture. In commercial or business matters it may be so important. Generally where your legal rights are affected, such as human rights type of an issue, it is important to seek a lawyer in your community because he sees the problem and can identify with it and the lawyer will be more diligent in his efforts to get the results, for the client and his community.

30 years ago when South Asian Lawyer’s first started appearing in the yellow pages, there were very few of them around, about 40 to 50. Today there are about 400 in Toronto Area alone. The expertise is found in just about every area of law that you can think of including Accidents, Family Law, Litigation, Corporate Law, Immigration and other areas of expertise. There is not yet a directory established of the expertise available of specialties in the South Asian Legal Community but CASAL which stands for Canadian Association of South Asian Lawyer’s is considering putting up the specialties on website.

Future Articles

In the next few articles I will address other issues affecting the lawyer and the client in immigrant and South Asian Communities.