HOW TO: Prepare for a Consultation with a Lawyer
By Carolyn Booth, Articling student
If you have a legal issue and you don’t know how to respond to the situation, you should speak with a lawyer. Lawyers offer consultations, which are preliminary meetings in which you, the client, can ask questions and seek advice. Consultations give the client the chance for lawyers to identify their legal issues, and propose possible solutions to resolve them.
In order to maximize your time with the lawyer, it is important to prepare for the consult so that your lawyer can know exactly how to approach the issue. Remember, the issue you are facing may have been going on in your life for days, months, or even years, but this is the first time your lawyer has heard about it, so it is important to tell the story from the beginning.
Below you will find FOUR easy ways to prepare for a consultation with a lawyer.
1. Prepare important documents, and bring them with you
The types of documents you bring depend on the type of case; however, it’s good practice to bring any recent and relevant documents. These can include:
· Demand letters (lawyer’s letters) addressed to you, or sent by you
· Court judgments
· Letters from the government/public agency
· Notices of appearance
· Other documents (specific to the type of issue)
o E.g. Medical, immigration, employment, etc.
If you have an ongoing case, it is important to bring the first procedure (initial document submitted to court to begin a legal action — either made by yourself or the other party), and the most recent procedure (the last one submitted to court). This will give your lawyer an idea of the development of your case at the court level.
Note that your lawyer will regularly ask you to continue to send in any relevant documents throughout the course of your professional relationship.
TIP: If you’re attending a virtual consultation, make sure your documents are available electronically, and practice screen-sharing online so that you can share your documents with your lawyer.
2. Tell your story in chronological order so that your lawyer can identify the legal issues
Start from A and end at Z. The chronology of events is extremely important in the legal world, especially because there are time limits on when you can bring an action forward in court. Tell your lawyer when the issue first came about, and what has been done since then.
TIP: A great way to prepare for a consult is to make a timeline of important events (an example is provided below). This should include dates, key actors, and a brief description of what happened on that date.
E.g. In a divorce situation, a timeline could look like this:
· January 2010: Parties married in Montreal, Quebec
· March 2012-June 2015: Two children are born from the marriage (ages 9 and 6)
· February 2016: Parties purchase the family residence together
· January 2021: One parent is unhappy in the relationship, and leaves the family residence with the two children
· June 2021: The parent who left the residence wants to file for divorce and request child support
Be aware that your lawyer may ask you questions while you tell them your story. This polite interruption is your lawyer’s way of finding out more information, and answering mini-legal questions that pop into their mind while you deliver your narrative. Your answers to these questions will help tailor the advice your lawyer gives you.
FUN FACT: Lawyers know that when a judge asks them questions in the courtroom, it means they are engaged and actively listening to them. Feel confident when your lawyer is asking you questions because they are listening intently to you. Know that our lawyers are well-equipped to listen and strategically integrate information given by our clients.
3. Provide some background information to give context to the issues
Remember, you are the expert of your own experiences. You know all the facts, and have a responsibility to transmit that information to your lawyer so that they can work with you as best as they can. The more relevant information you can give, the better your lawyer can serve you.
For example, imagine there is a conflict between parents about whether to send their children to public or religious school.
When meeting with your lawyer, it is important to tell them background information regarding the family context. The lawyer should know:
1. Who are the children’s parents? Do those parents have parental authority over the children?
2. What is the marital status of the parents? (If there is an ongoing divorce, it is important to mention so)
3. What steps have you already taken to try to remedy this issue? (Are you able to speak with the other parent? Have you gone to mediation? Have you filed an action with the court?)
4. Know your “ask”
Be prepared to answer the lawyer when they ask “So what would you like me to do? What legal service would you like me to provide you?” This will tell the lawyer exactly what you are looking for help with, and in what capacity.
Answers to this question could include, but are not limited to:
· Legal Opinion
· Demand Letter (Lawyer’s letter)
· Representation (before the court, between you and the opposing party — if litigation has not yet started)
· Legal Research (on a particular area of law that you have questions about)
· Mediation/Negotiation (to try to settle the issue)
· Legal Coaching (see below)
WHAT IS LEGAL COACHING: If you don’t want to be represented by a lawyer, you can have a mandate with your lawyer for them to give you legal advice and help you strategize regarding your case. This is a cost-effective way to have access to legal expertise, without having your lawyer go to court or write legal procedures for you. In order to participate in legal coaching, the client has to be organized and have time to devote to their legal cause. Contact us for more information about legal coaching.
Now, your consult is finished. If you have agreed to sign a mandate with your lawyer, tell your lawyer what your preferred method of communication is. Are you easiest to reach over e-mail? Telephone? Fax? Whatever the method, follow your lawyer’s instructions and be sure to ask questions whenever you feel it necessary.
If you have not signed a mandate with your lawyer, feel free to check back in with them if the situation changes.
If you have a legal issue and need advice on how to solve or approach the issue, please get in touch with us. We are dedicated to serving our clients in a manner in which they feel listened to and properly supported.
