Earlier is better than later. In almost all legal actions, finding and retaining a lawyer early in the process will aid the resolution of the case. The longer you wait, the harder it will be for your lawyer to gather relevant evidence or prevent a misstep. Retaining counsel early may actually save money because witnesses and evidence are easier to track down and preserve.
How do I find an attorney? Although this is the first time you have retained counsel, it is likely that people you know have used the services of a lawyer before. If they had a good experience, ask them who they used. Even if that attorney doesn’t handle your type of case, they will be able to recommend lawyers who do. Failing that, research local law firms and lawyers on the Internet. You will find information about what sort of cases they handle and how experienced they are. Lawyerahead.ca is a great place to start your search for a lawyer.
When you first meet your attorney, they will ask you some background questions about your case. They are acting much like a physician diagnosing a patient. They will listen to your story and hear it with ‘lawyer’s ears’ – picking out the essential elements both for and against you. Further investigation may be required, since it is unlikely you will know all the key elements and facts.
However, with this background information, your attorney should have a general idea of whether or not your particular case has merit and how to proceed. He or she will question you about what you envision a satisfactory result to be and comment on how realistic your hopes are.
If it appears that you have a valid case, the next part of the initial interview should be about costs. Attorneys understand that fees and expenses are a real consideration in any legal proceeding. They should be quite up-front about what they charge and what other costs are involved. If your case is taken on a contingency fee basis, they should tell you whether or not you are responsible for expenses and what happens if you lose and no money is collected.
You should not be afraid to lay out all your concerns, even if they seem silly. You are relying on this person to represent your interests - communication and trust are an important part of deciding who to hire.
Your initial consultation should end with a general plan of action. What you should and should not do in the near term. You should ask who is the contact person for your case (it may be an associate or a paralegal – someone empowered to answer general questions you may have and forward information to your attorney). You should be ready to call your contact person with new developments and to get updates on your case.
It is likely that your lawyer will give you a ‘homework’ assignment, perhaps gathering information he will need for your case. You should have a clear idea of ‘what happens next’ when you leave. You should also have a sense that you are in capable hands. Remember, questions aid all concerned. When you are not sure about something, ask. And if you still aren’t sure, ask again.