The decision to hire a lawyer is a big step. In this article, we break down the preparation and due diligence required in the process
Updated Sep 25, 2024
According to a 2024 study from the Canadian Forum on Civil Justice, an estimated 34% of people have one or more everyday legal problems. While they seek advice from friends or relatives, they often do not consult a lawyer until it’s too late.
One of the possible causes of this problem is that people don’t know where to start when they want to hire a lawyer. This article can help - we’ll share a basic guide for clients to follow when seeking legal advice.
What's the process of hiring a lawyer in Ontario?
To become members of the Law Society of Ontario (LSO), lawyers spend years in law school learning how to help the rest of us understand the law. This includes learning legislation and its regulations, and how the courts and tribunals have previously interpreted statutes through case law.
However, with around 57,000 lawyers in Ontario alone, finding a lawyer can be a daunting task. Finding the right type of lawyer, be it a real estate lawyer or insurance lawyer, may seem equally difficult.
Here are some of the questions to ask when deciding to hire a lawyer in Ontario:
- Do I really need a lawyer?
- How can I find a lawyer?
- How much do lawyers charge?
- How can I choose the right lawyer for my case?
We’ll discuss each of these questions below. The following video shows additional questions to know if one really needs to hire a lawyer:
Latest News
Check out this Special Report on the Top 10 Ontario Regional Firms by Canadian Lawyer, our sister publication.
1. Do I really need a lawyer?
Depending on the case, there are two instances when clients might need to hire a lawyer:
- When being proactive: This is to prevent any future legal violations or to comply with what is required by the law. Clients can ask for advice from a lawyer ahead of the problem or task – like setting up a business, for example.
- When being reactive: This is to address a problem or to enforce a right through legal means, such as the different alternative methods of dispute resolution or by going to court. An accident that resulted in injuries, for example, calls for a lawyer to handle the case.
Legal areas where lawyers are needed
There are specific instances and legal practice areas where having a lawyer would be more beneficial, such as:
- criminal cases: prosecution or defending crimes under the federal Criminal Code or Ontario’s provincial laws which has a penalty of imprisonment
- personal injury cases: car accidents and drunk driving, product liability, cases of negligence, insurance disputes arising from personal injuries, etc.
- cases on family law: divorce or legal separation, parenting arrangements, child or spousal support, and other incidental issues related to divorce and separation
- estates and succession law: when doing an estate plan, such as preparing a will, establishing a trust, and power of attorney for personal care
This list is not exhaustive – there are other cases or other legal practice areas that require a lawyer’s expertise and advice.
Specific instances when to hire a lawyer
Below are some suggested instances when clients should contact a lawyer right away:
- when filing a case in court, or when a case is filed against them
- when signing a legally binding document that they’re unsure of
- when their rights under a contract or any legal document were violated
Looking for initial legal advice
Before a legal problem becomes out of proportion, we may sometimes ask for small and trivial legal advice. Most of us will likely get them from friends and relatives, the internet, and even our legal opponents. However, giving out legal advice is a highly regulated task that only lawyers and paralegals can do, according to the LSO. For example, court staff are not permitted to give legal advice or help fill out forms.
Lawyers themselves are the best people to advise on whether someone needs legal services. Many offer free consultation. There are other resources that can help identify what legal service clients might need before they go through the expensive process of retaining a lawyer.
This week for our #50WeeksofImpact campaign, we hear from a member of the public about CLEO’s Guided Pathways.
— CLEO (Community Legal Education Ontario) (@CLEOLegalRights) September 13, 2024
CLEO’s Guided Pathways help you fill out legal forms, draft letters, and identify your next steps in various areas of law.https://t.co/I0pN4PVcPg#50yearsofCLEO pic.twitter.com/F0BUlC3tgO
2. How can I find a lawyer?
Many people still find their lawyers the old-fashioned way: by word of mouth, either from a friend or from a lawyer in a different practice area. Some may meet lawyers through community organizations, such as legal workshops offered at local libraries. More and more lawyers are actively sharing their expertise on blogs, in newspapers, on TV and on social media and may attract clients that way.
For a systematic way to hire a lawyer, these resources are available:
- Lawyer directories: Lexpert, our sister publication, has a directory of the best lawyers which can be filtered per province and per practice area. The LSO also maintains its own directory of lawyers and paralegals in the province.
- Lawyer rankings: Another sister publication, Canadian Lawyer, regularly publishes Special Reports that rank lawyers and law firms according to practice area, province, and other factors.
3. How much do lawyers charge?
The question of how much lawyers charge may be a deciding factor in selecting a legal advocate. Of course, the more prestigious a lawyer appears to be, the more they may charge for each hour of work. A partner may cost more than an associate, and a big-firm lawyer may cost more than a sole practitioner, for instance. Previous accolades, such as judicial or government experience, may also put a lawyer more in demand.
How lawyers are paid for their services
There are several payment methods for lawyers, which can depend on the case. Lawyers may charge based on contingency or flat fees. Since many charge by the hour, it would help for clients to come prepared with questions to make the most of the session.
Another option is to pursue lawyers who offer unbundled legal services. Here, a lawyer handles certain parts of the case, rather than a full, traditional retainer.
How to get free legal services in Ontario
When hiring a private lawyer becomes too expensive, there are other ways to get the best legal representation and advice. Below are some options for free (or reduced rate) legal services in Ontario:
- legal aids: organizations such as Legal Aid Ontario can provide a list of lawyers who can accept cases from eligible low-income families and individuals
- pro bono firms: some private law firms may provide pro bono services, aside from legal organizations, such as Pro Bono Ontario
Celebrating excellence in pro bono work! Congratulations to the #LawAwardsCA Excellence Awardees in the Pro Bono Initiative of the Year category!
— Canadian Lawyer Magazine (@CanLawMag) April 20, 2024
Join us in celebrating their impactful contributions to the community! 🎉
Book your table here: https://t.co/rcYf3urZyq pic.twitter.com/XZ1TnSJH9O
Check the full list of the best pro bono law firms in this Special Report from Canadian Lawyer on the Best Pro Bono Law Firms in Canada.
If you want to know how do pro bono lawyers get paid in Canada, read this guide.
4. How can I choose the right lawyer for my case?
Now that we have the tools to use when searching for a lawyer, the next part would be how to choose the perfect lawyer to hire. For a large city, there are hundreds or thousands of available. Limiting searches is vital to avoid wasting time and resources.
Here are some considerations when choosing the right lawyer:
Education
Prospective clients can look at a lawyer’s undergraduate program and the law school where they took their LLB or JD (including their awards perhaps). Many lawyers continue to get their Master of Laws (LLM), which can give them deeper subject-matter knowledge. Some even have a PhD or teach law school classes. These factors in their education may also be related to the legal area they’re practicing in.
Practice area
It’s important to align the search with one’s specific needs. Clients should look for lawyers in a specific legal practice area or field of law that can handle their case. For example, if a case involves an employer or supervisor, a labour and employment lawyer is the right choice.
Lexpert’s peer-reviewed directory of lawyers and law firms by practice area works well for this. LSO also lists certified specialists who have completed extra training in a certain area of law. The Ontario Bar Association also has practice area-specific lists of lawyers.
Location
The number of lawyers may differ in every city and province. Lawyers practicing a specific field of law in each city or province will also vary.
Using the Lexpert directory, choose Ontario from the drop-down list for a listing of the best lawyers in Ontario.
Past cases handled
The ultimate test of a lawyer’s skill may be whether they have won similar cases — especially those that are high-profile or precedent-setting. Aside from the Canadian Legal Information Institute and the Supreme Court of Canada, Lexpert’s individual lawyer profiles can also show the types of cases they’ve handled previously.
Practice
Markers of prestige for lawyers include being elected as a law society bencher, receiving certain awards, pursuing advanced education, or working at a top-tier firm.
A lawyer’s past complaints or restrictions may also be found in LSO’s Law Society Tribunal, which posts major complaints against them by name and year.
What to do when meeting with a lawyer for the first time
When meeting with a lawyer for the first time, clients can consider asking about:
- Legal options: clients should ask lawyers about possible legal options. They should also bring everything that’s relevant to the case, such as contracts, documents, and items that might be considered evidence
- Fees: clients should ask how much the lawyer is going to charge, how it is computed (e.g., per hour or per case), how the client will be billed (e.g., monthly or after the case is resolved)
- Experience: clients should ask if the lawyer has previous experience similar to the case, how those past cases were handled, and what the outcome was. The client can also ask if their case would be handled differently compared to other cases.
How to hire a lawyer in Ontario: steps to take
Hiring a lawyer has become quicker and more efficient due to modern tools. Just the same, clients should carry out their due diligence and research as part of their decision to hire a lawyer. With this approach, finding the right legal support becomes more manageable, bringing clients closer to resolving their case.
Would you have any tips to add for clients looking to hire a lawyer? Let us know in the comments below