I have fielded many questions from people who think they know what their legal issue is and frame their question in that context. After I have drawn some more information out of them, I often find that the case they believed they had is something quite different. As you can see from even a quick search of the Internet for lawyers, there are numerous distinct areas of the law with which most average citizens are unfamiliar or do not really understand. From my perspective, the confusion is understandable since most non-lawyers do not know legal terminology nor are they familiar with the intricacies of the law unless they have been unfortunate enough to have already been involved in litigation at some time. You would likely not have any answers to the following types of questions which must be answered before you make a decision to proceed with your case: What evidence is required to prove a particular claim? How do you obtain that evidence? What is the procedure? How long is it going to take? What are the likely outcomes? What is a realistic damage award if you are successful? What are the roadblocks? How much could this cost me?
Clients will sometimes tell me that “a friend” has told them that their legal problem is X and that they can sue and get Y in damages or that they should “do” this or “tell their lawyer” that. Of course this friend is almost invariably not a lawyer and has no legal background.
There are good reasons why lawyers in BC attend four years of university plus three years of law school followed by another year as an articling student with a law firm. There are also good reasons why lawyers today often specialize in specific areas of practice. The law is complicated despite the best efforts of some to try to simplify things for regular folks. Lawyers are trained to read and understand statutes, to analyze facts and evidence and to identify the legal issues that arise from a particular set of circumstances. Experience in the actual practice of law adds another layer to a lawyer’s skills and abilities. Your friend has an opinion and is giving you advice based on what he or she has read in the papers or on the Internet, has seen on T.V. or in the movies, has maybe had one or two personal experiences with, or has heard from his or her own friend or relative, usually involving the cousin of a friend of that person!
Lawyers will listen patiently then tell you what the law actually is and how our courts would likely view your situation. Lawyers can save you time, money and stress by, for example, dissuading you from pursuing a losing cause, focusing your efforts on the “right” claim and/or helping you negotiate a settlement of your dispute where possible.
Many lawyers offer a half hour consultation at a greatly reduced rate to encourage people to obtain information and advice from a legally trained source. There are pro bono and referral services available to people in most parts of our province. Why not take advantage of these services to find out if you have a real legal problem, what it is and how best to deal with it? If you have a legitimate issue, you may be able to deal with it on your own or, in some cases, you may be able to do some of the work yourself and have a lawyer do the more complicated or difficult legal work for you. Unbundling legal services should not be something your lawyer shies away from in appropriate cases. It can create a nice balance of cost effectiveness and expertise.
Contact me if you have questions or are interested in this approach for your legal dispute.
Confucius: If there were one word that could act as a standard of conduct for one’s entire life, perhaps it would be ‘thoughtfulness.’
