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Information on working with a lawyer is also available (in PDF) in Chinese, Punjabi and Spanish.

The law is part of your daily life and lawyers are trained to guide you through the legal process. A lawyer can help you buy a home, write a will or run a business. A lawyer can also help you if you have an accident, if you and your spouse separate or if you have to go to court.

Lawyers have special duties

A lawyer's professional ethics, conduct and competence are governed by rules and guidelines set out in the Legal Profession Act, the Law Society Rules and the Professional Conduct Handbook.

The Canons of Legal Ethics (Chapter 1 of the Professional Conduct Handbook ) state that a lawyer is a minister of justice, an officer of the courts, a client's advocate and a member of an ancient, honourable and learned profession. It is a lawyer's duty to promote the interests of the state, serve the cause of justice, maintain the authority and dignity of the courts, be faithful to clients, be candid and courteous in relations with other lawyers and demonstrate personal integrity.

Privilege and confidentiality

Any communication between you and your lawyer in the course of obtaining, formulating or giving legal advice is privileged and cannot be disclosed without your consent. In addition, your lawyer must hold in strict confidence all information concerning your business and affairs that he or she acquires during the course of your professional relationship, even if that information was not acquired for the purpose of obtaining, formulating or giving legal advice.

Conflicts of interest

As a general principle, a lawyer has a duty to give undivided loyalty to every client. This means that a lawyer may not permit another interest, including the lawyer's own interest, to affect adversely the lawyer's judgement and freedom of action on the client's behalf.

A lawyer's qualifications

To become a lawyer in BC, a person must have a law degree from a university and complete the Law Society's articling program. A law degree usually requires three years of study. In addition, most law schools require students to have a minimum of three years of university studies before they are permitted to enrol in law school.

In the Law Society's articling program, law school graduates work under the supervision of a lawyer for nine months. They also must attend the Professional Legal Training Course, which is a 10-week classroom program that teaches the practical side of being a lawyer. After completing these steps and meeting the Law Society of BC's entrance requirements, the student becomes a member of the Law Society and is qualified to offer legal services.

Who's who in a lawyer's office

Some lawyers work on their own, while others work with assistants and other lawyers. Many lawyers work with a receptionist, a legal secretary, a paralegal (or legal assistant), an articling student, as well as other lawyers. When you want to know about the progress of your file, documents you have received, your lawyer's bill or your next meeting with your lawyer, the lawyer's staff may be able to answer your questions. You can help keep the costs of your case down by calling one of these people first:

  • Legal secretary - A lawyer's secretary knows the lawyer's schedule. Secretaries book appointments and can tell you the best time to reach your lawyer. They can often tell you if documents are ready for you to sign and the progress on your file.

  • Paralegal - Many offices have paralegals who prepare letters and court documents under the supervision of a lawyer. Although specially trained, paralegals are not lawyers and cannot give you legal advice.

  • Articling student - Articling students are law school graduates who are training to be lawyers. They work under the supervision of a lawyer and are permitted to perform many of the tasks of a lawyer and are permitted to appear in court on certain matters.
  • Other lawyers - Your case may require urgent work at a time when your lawyer is not available, or your case may involve several different areas of the law that require the knowledge of lawyers more familiar with those aspects of the law. If so, your lawyer might ask another lawyer to help with your case.

When dealing with other lawyers, remember that they are there for a particular reason - to deal with a more specific aspect of your case, to do work at a more economical rate or to address an immediate legal need should your lawyer be unavailable.

Ask your lawyer to explain to you the roles of the different people in the office and how they relate to your case.

Your first meeting with a lawyer

Before your first meeting, write out the details of your legal matter, setting out the facts in chronological order, and prepare a list of names, addresses and phone numbers of the people involved. Make sure you take all relevant documents with you.

Tell your whole story, even if it is damaging or embarrassing - your lawyer needs to consider all options. Anything you tell your lawyer for the purpose of obtaining legal advice is confidential and your lawyer is not allowed to disclose what you say without your consent.

Lawyers need to know that their clients are who they say they are. Law Societies across Canada have rules about this. Your lawyer may ask to see your driver's licence or some other form of government-issued identification and the lawyer may need to take a copy of the document. Bring identification with you. Your lawyer will tell you what information they need from you before they can act on your behalf.

You also need to find out if your expectations are reasonable. Talk to your lawyer about his or her legal opinion. Find out about your options and alternatives. Make sure you and your lawyer agree on your plans and priorities and on the outcome you are looking for.

 

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