If you have a lawyer but you are not happy with your client-solicitor relationship, you may have hired the wrong lawyer. Picking the best lawyer for your case will require more time and effort from you than just hiring the first lawyer you meet then paying them a bunch of money to represent you. You will need to take steps from the very start of your search for a lawyer to make sure that you do not hire the wrong lawyer.
To find the best lawyer for your case, you will need to treat hiring a lawyer like online dating. To avoid hiring the wrong lawyer, you will need to spend some time and money to meet with a few different options before you will be in a position to decide which one to hire. Just like online dating, you should never pick someone just because they told you what you wanted to hear when they were trying to impress you during the first conversation. Your decision to hire a lawyer should be based on several factors and your gut feeling.
How do you interview a lawyer?
If you have a lawyer in mind that you want to interview or potentially hire for your legal matter, the first step that you need to take is to contact that lawyer’s law firm and schedule a consultation. The consultation is an extremely important first step for both you and the lawyer. For the lawyer, the consultation is their opportunity to learn about the details of your situation and to assess if they can help you. The lawyer should be able to answer your questions and provide you with information on what the next steps could be. If the lawyer thinks that they are the wrong lawyer for your case, the lawyer will probably return your money for the consultation and give you the contact information to another lawyer who may be better fit to assist you.
The consultation is equally as important for you. The consultation is your opportunity to discuss your case, share your goals and to receive legal advice on what you should do. Most importantly, the consultation is your opportunity to interview the lawyer about their skills, abilities, experience, working style and billing practices. If you are on an extremely tight budget, the consultation is your first opportunity to discuss payment arrangements or steps you could take to help keep your legal fees affordable for you. If you are uncomfortable during your consultation at any point in time, or if you do not like the lawyer for whatever reason, the consultation is your very first opportunity to trust your gut and avoid hiring the wrong lawyer.
What are the red flags that a lawyer is the wrong lawyer?
During your interactions with the lawyer, you should be on the lookout for red flags that the lawyer might not be a good fit for you. The first sign you must watch out for is how the lawyer makes you feel. The wrong lawyer will make you feel uncomfortable. The consultation is your opportunity to measure your comfort level and feelings around the lawyer. Trust your gut.
Another red flag that you should watch out for is if the lawyer is eager to make promises to you regarding the outcome of your case. Be extremely skeptical of any lawyer that promises you results without first asking you for additional information or supporting documentation to support their conclusion. The wrong lawyer will overpromise and under-deliver. A better lawyer will take a balanced approach and will let you know about the range of possible outcomes from best case scenario to worst case scenario.
During your interactions with the lawyer, pay attention to how the lawyer speaks about their legal assistant, paralegal or support staff. Watch for any signs that the lawyer is trying to shift the blame for any mistakes on to their team members. If the lawyer speaks poorly about their colleagues or support staff, this is a red flag. The Law Society of Alberta makes it extremely clear that lawyers are responsible for supervising their support staff so they should not be using their support staff as a scapegoat if things go wrong. If your lawyer is willing to throw their support staff under the bus, they will likely blame you for any mistakes in the future too.
Lastly, pay attention to how the lawyer talks about other legal professionals outside of their office. The wrong lawyer will speak poorly about other professionals to boost their own reputation. The wrong lawyer likely has other toxic traits that will be harmful to the outcome of your case. You do not want to hire a lawyer that struggles to maintain healthy relationships with other people because a toxic lawyer can quickly and easily push your legal matter farther away from resolution. Aim to hire a lawyer that can play nicely with others.
What if you hired the wrong lawyer?
If you hired the wrong lawyer, you can un-hire them at any time. The sooner, the better. You are not stuck with your lawyer after you sign their retainer agreement. You can tell your lawyer at any point in time that you do not want them as your lawyer anymore, or you can have your new lawyer break the news to them. Once you fire your lawyer, the lawyer will take steps to formally quit being your lawyer and to issue you a final bill. A lawyer can hold your file hostage until you have paid your bill in full so it’s best to pay it as soon as possible to have a clean break from the wrong lawyer. If you do not pay your bill to your old lawyer, this is a red flag to your new lawyer that you may not be reliable to pay their bills in the future. If you dispute the reasonableness of the bill, you can take formal steps to dispute the charges.
Final Thoughts
To find the best lawyer for your case, you will need to treat hiring a lawyer like online dating. Be extremely selective on who you pick to avoid ending up with the wrong lawyer. It may take additional time and money to “lawyer shop” for the best lawyer for your case, but it is an investment in avoiding the stress and frustration that comes from hiring the wrong lawyer. If you have any questions or want advice on how to screen potential lawyers, contact the Edmonton Family Network to discuss your options.
