When it comes to selecting a lawyer, the task can be daunting. There are literally hundreds and hundreds of lawyers all across Toronto to choose from. Despite the overwhelming number of options out there, you should be very selective in your screening process. The right selection will make dealing with your legal matters and cases simple and easy; the wrong selection will be costly in terms of time, money, and stress.

There are many factors you should consider when selecting a legal advisor. The most common selection criteria include qualifications, experience, compatible personality, confidence, competence in the area concerned, and lastly fees. Having a comparison of at least three interviews is the ideal approach before you select the one suitable for your needs.

Selection Process

For starters, you’ve come to the right place. To find a law firm or lawyer, simply use our search tool above or browse through the Practice Area list in the sidebar. From there, read any of the comments left by previous visitors regarding their experience(s) with the law firm or lawyer. Alternatively, contact friends that have recently used a lawyer and ask who they used, whether they were satisfied and why.
------- Once you’ve identified several lawyers (three at a minimum), contact them over the phone. Ask specifically about the areas of his or her interest and expertise to ensure you are speaking with someone that can effectively help you. If the lawyer specializes in an area that would not suit you or your case, ask for a recommendation. Afterwards, ask the lawyer what a half-hour initial consultation would cost (in most cases it is free).
------- When you eventually meet with a lawyer, have all your questions and concerns prepared in writing so that you won’t forget any. Bring any supporting documents that you believe you may need. Ask about anticipated fee and disbursement costs as well as legal fee arrangements. If you are not pleased with the outcome of the interview for any reason, move on to another lawyer.

Legal Fee Arrangements

Below are the most common fee arrangements and the types of costs you might encounter when dealing with a lawyer:

• Hourly Fee – A lawyer bills a fixed rate per hour for all work done. The fee could range between $100 and $300 or more per hour, depending on specialty expertise, experience etc.
  
• Fixed Fee – If you hire a lawyer to provide a routine service, the lawyer may be able to quote a flat fee, regardless of how much work might be involved. For example, a simple will may cost from $200 to $300.
  
• Percentage Fee – Sometimes fees are calculated as a percentage of the value of the subject matter. This approach is often used when probating an estate. Most provinces have legislation that limits the maximum percentage that can be charged, regardless of the time spent.
  
• Contingency Fee – Many provinces allow lawyers to charge on a contingency fee basis, that is, for a percentage of the total amount awarded if the case is won. This is negotiable, but can vary from 25% to 50% depending on the nature of what is being done. For example, let’s say that you have a strong case, but do not have the funds to pay your lawyer at the outset. Your lawyer may agree to act for you and charge a percentage of the amount that you eventually receive, either at trial or settlement. If you lose or the matter is not settled, the lawyer gets nothing for the time spent. You would be responsible for paying the lawyer’s disbursements, however.

Factors that Affect Legal Fees

Below are the most common factors that affect legal fees:

• The lawyer’s degree of specialization in the specific area
• The number of years that the lawyer has been practicing law
• The amount of time the lawyer spends on your behalf
• The legal complexity of the matter dealt with
• The monetary value of the matter at issue
• The lawyer’s degree of responsibility
• The importance of the matter to the client
• The degree of difficulty in dealing with the issue
• The lawyer’s degree of skill and competence
• The results the lawyer obtains on the client’s behalf
• The client’s ability to pay

In many cases, the legal fee structure is based on what other lawyers are charging. Although competition in the legal profession is obviously a factor in keeping fees competitive, there are many circumstances when two lawyers will charge a different fee for performing the same routine or specialized service. Always clarify the fee arrangement in writing in advance.
------- As in any other business relationship, in order to maintain an effective rapport with your legal advisor, good communication is essential. Be certain that you and your lawyer keep each other informed of matters of importance, so neither is operating without complete information. If you are in doubt about the particular advice you are being given, you may prefer to get a second opinion. This is reassurance that you are following the best advice for your situation.

Resolving Disputes with your Legal Advisor

Misunderstandings on fees or other matters should be immediately clarified to prevent them from becoming serious problems. You may decide at any time to have the working file transferred to a new lawyer. If you have serious doubts about a lawyer’s invoice, you can have it “taxed” or reviewed by a court registrar. This is an informal procedure and results in the fee being upheld or reduced. Your local court office will be able to provide further information.
------- If you feel that the lawyer acted improperly or incompetently, you have other forms of recourse. All provincial law societies require that their members have a certain minimum coverage for professional liability insurance to cover negligence suits. Individual law firms could have additional coverage. If trust funds go missing, the Law Society allocates funds to cover that situation. Suing your lawyer is an option, but certainly the last resort.
------- If you have complaints such as possible conflict of interest, poor advice, or other forms of professional misconduct or incompetence, you can file a formal complaint with the provincial law society. The complaints committee has many forms of discipline.

The above information was adapted from “Making Money in Real Estate” by Douglas Gray, a former lawyer. No copyright infringement intended.