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When should I contact a
lawyer? |
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We recommend
that you contact a lawyer in the following circumstances:
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You have been
sued. |
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You have been charged
with an offence. |
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You have assets,
children, a spouse, but no will or you have a will but your circumstances have
changed. |
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You are about to
embark upon a new business either by start-up or purchase. |
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You are interested in
selling a business or major asset. |
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You are about to
acquire a substantial asset or assets by way of purchase or lease. |
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You are owed money
and are having trouble collecting it. |
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You are asked to
personally guarantee another person's debt. |
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You are having
difficulties with your spouse, marital or common law, and a separation is being
contemplated. |
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Generally you are
concerned about what legal rights you have with regard to a specific matter or
you wish to enforce your legal rights. |
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What should I look for in
a lawyer? |
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| You should
retain a lawyer or law firm that can provide the services you require at a cost
that you can afford. The lawyer and client relationship is one of trust. You
should retain a lawyer that you can trust with matters of importance to
you. |
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How do lawyers determine
how much to charge for their services? |
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| Billing methods
vary depending on the nature of service provided. Some services are provided on
a fixed fee basis. Common examples include the incorporation of a company or
the sale of a house. Other services, due to their variable nature, are not
amenable to a fixed fee. Examples include litigation and commercial
transactions. In these cases, fees will vary depending on how complicated and
lengthy the matter becomes. In these cases often fees are calculated primarily
based on the time spent in respect of the services. Lawyers have hourly rates
which are applied to the time spent to arrive at a fee. Although time is an
important consideration, it is not exclusive. Other considerations applicable
to determining an appropriate fee include: the results achieved; the complexity
of the matter; the urgency of the matter; and the demands of the client. The
object is to arrive at a reasonable fee that both the lawyer and the client
accept as fair. |
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What can I do if I need a
lawyer but can't afford one? |
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There are
agencies in British Columbia that may provide legal advice or representation to
those who require legal services, but cannot afford a lawyer. They are as
follows:
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The Legal Services
Society
1500 - 1140 West Pender Street
Vancouver, BC
V6E 4G1
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UBC Law Students'
Legal Advice Program
University of British Columbia
Faculty of Law
Room 158 - 1822 East Mall
Vancouver, BC
V6T 1Z1
| Telephone |
: |
604.822.5791
[Telephone enquiries & appointment bookings] |
| 604.822.5723
[Manual orders] |
| Facsimile |
: |
604.822.1661 |
| Website |
: |
http://www.lslap.bc.ca/ |
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Do I need a lawyer to
represent me in Provincial Court, Civil Claims Division [Small Claims]? |
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| This level of
court was initially intended as a "peoples' court". The procedure was simple
and the law of evidence somewhat relaxed. Over the years, the Court has
changed. It has a higher monetary jurisdiction [$10,000] and a more elaborate
procedure. Lawyers are more common. If you represent yourself and the other
party has a lawyer, you could be at a distinct disadvantage. Further, though
you may succeed in getting judgment at this level of court, collection of the
judgment could become a problem. Collection requires that the judgment be filed
in the Supreme Court. Thereafter, collection proceedings are governed by the
court procedures. This can be difficult process to navigate without the help of
a lawyer. |
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What is civil law? |
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| Principles that
govern relationships between people, where no crime has been committed. |
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What is litigation? |
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| A lawsuit. |
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What is civil
litigation? |
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| Civil
litigation is a process that uses the judicial system to resolve disputes
between parties - a trial. In criminal litigation, the government [Crown]
prosecutes someone charged with a crime by asking the court to determine his or
her guilt. Civil litigation is a court proceeding that resolves private
controversies and determines responsibility [fault, not guilt] for private
actions between private parties. |
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What is the statute of
limitation in a civil case? |
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| The limitation
period for most civil cases is from two to six years depending on the nature of
the case. However, some limitation periods require that notice be given within
six months. If a limitation period passes, you may be forever barred from
recovering for your damages. Therefore, it is extremely important that you
contact a lawyer as soon as possible after you have been injured or suffered
damages. |
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What is a class action
lawsuit? |
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| When a large
group of plaintiffs sues a defendant[s], naming a representative in place of
the entire group. Examples would be the tobacco industry suits and the suits
against the drug manufactures of popular diet medications, such as
fen-phen. |
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What is an "Examination
for Discovery", and what is its purpose? |
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| An Examination
for Discovery allows both parties to "discover" information in the case. The
purpose is to narrow the basis of the complaint and to eliminate surprises to
both parties. |
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What are
interrogatories? |
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| Interrogatories
are written questions by one party to the other, which are answered under
oath. |
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What is an appellant? |
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| The party who
lost at trial is called an appellant on appeal. |
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What are injunctions? |
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| Court orders
for defendants, to stop them from doing something [e.g. temporary restraining
orders]. |
