Every client deserves quality legal representation, but only a handful of clients can afford it. This imbalance can often create a tension between solicitor and client, especially, if the lawyer feels they are working extremely hard for the client at a rate which is well below what is acceptable. This friction often gives way to frustration and ultimately can erode the necessary trust relationship that must exist between a client and his lawyer.
How can such friction be prevented. Clients deserve to know what they are paying and the results which likely flow from legal services. Once informed, most clients will not be concerned as much with cost as they are with structuring a payment agreement. The payment of fees by pre-determined installments over the life the litigation make legal services affordable and allows clients access to quality legal services.
No client should ever be denied quality legal services simply because they cannot plunk down the entire fee at once. Where a client displays a willingness to pay a fee, it behooves us as lawyers to make every effort to work out a means by which that fee can be paid.
Friday, August 3, 2007
Payment agreements are an affordable option for those clients who need our services but cannot pay for it all at once.
What am I paying for?: The difference between fees and disbursements.
Typically when a client receives an account from their lawyer the account will be broken down into fees and disbursements.
By law, lawyers are required to charge G.S.T. for their time on a file. The time a lawyer spends on a file may be billed on an hourly basis or as a block fee.
A block fee means the lawyer and client have worked out a pre-determined fee for the lawyer's time regardless of how much time a lawyer spends on the file.
In addition to this there are associated costs, known as disbursements, these are all the incidental costs related to the preparation of the case, examples might include photocopies; travel; or time spent by a law clerk.
Whatever arrangement you reach with your lawyer it is essential to ask what are you paying for and how will it appear on your statement of account. It is ashame to see an otherwise good solicitor - client relationship sullied by miscommunication, especially when such communication could have been remedied by brief discussion on fees and disbursements.
By law, lawyers are required to charge G.S.T. for their time on a file. The time a lawyer spends on a file may be billed on an hourly basis or as a block fee.
A block fee means the lawyer and client have worked out a pre-determined fee for the lawyer's time regardless of how much time a lawyer spends on the file.
In addition to this there are associated costs, known as disbursements, these are all the incidental costs related to the preparation of the case, examples might include photocopies; travel; or time spent by a law clerk.
Whatever arrangement you reach with your lawyer it is essential to ask what are you paying for and how will it appear on your statement of account. It is ashame to see an otherwise good solicitor - client relationship sullied by miscommunication, especially when such communication could have been remedied by brief discussion on fees and disbursements.
Thursday, August 2, 2007
The High Needs Client
We all have them. The client whose needs threaten to swallow us whole. The client who is never satisfied..or appears not to be.
In our experience the needy client is all too often a client in pain. At times they have suffered devastating loses, have addictions and find the journey as they await their trial too great a burden to bear.
It has been my experience that what is needed for such a client is to allow them to have access to an individual who can truly listen to them and if necessary refer them to specialists. Law firms fill their office space with other lawyers or legal assistants and clerks, but if they are truly committed to assisting their clients and not merely putting them through the legal machine, then law firms should consider hiring social workers or as in my case, chaplains with substantial training in counselling to assist their vulnerable and needy clients.
It is often the case that once the client feels appreciated and believes that someone is listening the needy behaviour will vanish as they begin to work with you in a meaningful way.
Karine Langley, Ph.D., Director of Therapeutic Solutions, Crystal Criminal Law
In our experience the needy client is all too often a client in pain. At times they have suffered devastating loses, have addictions and find the journey as they await their trial too great a burden to bear.
It has been my experience that what is needed for such a client is to allow them to have access to an individual who can truly listen to them and if necessary refer them to specialists. Law firms fill their office space with other lawyers or legal assistants and clerks, but if they are truly committed to assisting their clients and not merely putting them through the legal machine, then law firms should consider hiring social workers or as in my case, chaplains with substantial training in counselling to assist their vulnerable and needy clients.
It is often the case that once the client feels appreciated and believes that someone is listening the needy behaviour will vanish as they begin to work with you in a meaningful way.
Karine Langley, Ph.D., Director of Therapeutic Solutions, Crystal Criminal Law
Wednesday, August 1, 2007
Are we really listening?
No matter how you try and categorize them; client complaints are all about lawyer's failing to listen. Why is that? Part of the problem has to do with lawyers and their role. On the one hand, we all want to be sensitive to our clients needs, on the otherhand it is important to be somewhat detatched to be an effective advocate for their cause. The essence of good advocacy is found in reaching the proper balance between passion for the case and compassion for the client. While we all guage are performance by the win/loss test, it is important to remember at the end of every journey the case is about the client not the lawyer.
Tuesday, July 31, 2007
Lack of treatment facilities
In our experience when a client with significant drug addictions has been charged, the Court wishes for them to enter a treatment program. Our experience has been that the waiting times to enter residential programs are increasing and the number of available programs sadly in decline.
Added to this, many treatment centres have chosen not to accept clients who are on conditions or have outstanding problems with the law.
Given the advent of a drug court in Ottawa it may be a task for the bar to advocate for increased funding to drug treatment centres so that treatment can be offered in a meanigful time period for our vulnerable clients.
Karine Langley, Ph.D, Director of Therapeutic Solutions, Crystal Criminal Law
Added to this, many treatment centres have chosen not to accept clients who are on conditions or have outstanding problems with the law.
Given the advent of a drug court in Ottawa it may be a task for the bar to advocate for increased funding to drug treatment centres so that treatment can be offered in a meanigful time period for our vulnerable clients.
Karine Langley, Ph.D, Director of Therapeutic Solutions, Crystal Criminal Law
Why are more and more people chosing to represent themselves in court?
More and more people are chosing to represent themselves in court these days. Who is to blame? Personally, I think the public has lost confidence in the legal profession to deliver legal services for a reasonable fee. That may not be the truth, but it is the perception. Having said this it behooves us as members of the bar to hone our communication skills, so clients know what they are paying for and when client's cannot pay, we as a profession must truly consider pro bono representation!
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