At Acumen Law the type of people we represent are generally the type that have never been in trouble with the law before. They are good people who may have been wrongly accused, or who have made a mistake or error in judgment. So for most of our clients, they have no experience in how to choose the right lawyer for their case.
We thought that we would write a blog post to help explain some of the factors you may want to consider when picking a lawyer.
Lawyers Known for Excellence
There are many types of lawyer, who employ many strategies in defence of their clients. Generally, over time, prosecutors come to form an understanding of how each lawyer operates, and their dealings with those lawyers adapt in response to that. You want to choose a lawyer who is known for being an excellent advocate for their client, and willing to take on a tough case.
Lawyers known for excellence are lawyers who do not back down when their clients’ interests are on the line. Lawyers who will take on the government, make new and difficult legal arguments, and advance changes in the law. It’s one thing to talk a big game, but the right lawyer for you will also be willing to walk the walk when the time comes.
You can ask your potential lawyer how many trials they have conducted. How many have they won? Ask them if they are responsible for any changes in the law, and whether they have taken cases to the Court of Appeal or the Supreme Court of Canada. Get a good understanding of your lawyer’s actual track record, beyond a claim that they are “experienced.”
If your lawyer has been to the Supreme Court of Canada, you can review the materials they prepared in support of their argument online. They are available to read online. This will give you an idea of the quality of their written argument.
If they haven’t, you can always review their website and marketing materials to see what their standard is. One skill that lawyers known for excellence have developed is to write effectively, clearly, and concisely. Does your potential lawyer’s website contain grammatical errors? Spelling mistakes? Is their sentence structure complex and full of big words, or do they explain important concepts clearly and thoroughly?
Lawyers Known for Skill
Beyond excellent work and excellent working relationships with prosecutors, you should also have a lawyer known for skill. Your potential lawyer’s ability to deal with the prosecutor can only get you so far. When the rubber hits the road, you want to ensure you choose the right lawyer who knows how to get the job done.
It is generally hard to gauge a lawyer’s skill level without watching them in practice. However, if your lawyer has been to the Supreme Court of Canada, you can view a webcast of them at work and see how they present their argument and how they respond to difficult questions from the judges.
If not, you can see whether your lawyer’s skill has been recognized in other ways. For example, look at whether your potential lawyer has been recognized by their peers or by legitimate legal organizations for their work. But be careful – an award for business acumen or community service does not mean your lawyer the right litigator for you. Pay close attention to what it was the award was for, and whether your lawyer was recognized for skill or for some other reason.
Also, be wary of the difference between a nomination and an award. For many awards, a single nomination is all that is necessary to make this claim. Anyone can nominate somebody.
But awards do not tell the full story. If you search your lawyer’s name on CanLII or other legal databases, you may find excerpts from cross-examination or legal argument. This can also give you an idea of whether your lawyer was successful at persuading the judge through the use of good legal skills.
It is a mistake to equate skill with success in the courtroom. The two do not always go hand-in-hand. And while you want a lawyer who can hopefully win your case, you should also look for a lawyer who performs well when the moment is right and can answer the tough questions, even when the case is not going their way. You want a lawyer who won’t when the tide turns against them, but one who is willing to advance your interests, skillfully, for as long as possible.
Skill is also recognized by legal peers in presentations at conferences. Ask your lawyer whether they have presented and to what audience. Skilled lawyers are often invited by their peers to present on issues they know best. There is nothing wrong with a lawyer who presents to a general audience, but skill as a litigator is best recognized by people who are litigators themselves.
Finally, skill can be recognized by an invitation to write for a legal outlet. There are many legal journals and legal papers that request articles from lawyers. Look to see whether your potential lawyer has been asked to write any articles. But also be wary of where your lawyer is writing. Some websites require lawyers to pay for the privilege of publishing articles. They are essentially legal advertising firms instead of legitimate publications. You should be able to spot the difference with a little research.
Lawyers Known for Pushing the Envelope
At the end of the day, you want a lawyer on the cutting edge of whatever type of case you have. We wouldn’t recommend hiring our firm for your next patent law case. We will be the first to admit that is not our forte. But you want a lawyer who is cutting edge in your practice area.
Look for lawyers committed to continuing legal education. This can show that they are actively involved in learning as much as possible about their area of practice. Lawyers who do not just attend conferences, but who help to organize them are also on the cutting edge. In choosing the right lawyer, you want to see if your lawyer has taken particular training and when.
It’s one thing to attend a legal education seminar. It’s another thing to educate yourself by obtaining as much information as humanly possible about your area of practice. Lawyers on the cutting edge are in the weeds with the issues that affect you and your case. Lawyers who understand the science, technology, and sociology behind your legal issue are often able to spot an issue that comes up in trial that may be overlooked by someone with less knowledge. A deep hands-on understanding of these issues also prepares your lawyer to deal with that issue.
Do not be shy about asking your lawyer to describe what they’ve done to push the envelope in their practice area. Find out whether they have experience with the machines used to test you, or whether they have received training in police protocols used in your case. And have they put those skills to the test in real life settings? This is important information.
Lawyers who just fit
At the end of the day, the lawyer you want is the one that seems to be the best fit for you. Skill, excellence, and pushing the envelope get you nowhere if you and your lawyer cannot see eye-to-eye. If it doesn’t feel right, it probably isn’t
If you use these criteria to choose the right lawyer, you will be in very good hands.
Call Acumen Law Corporation for a free consultation on 604-685-8889.