Best Practices for Working Successfully with a Lawyer

Having practiced law in Ontario for 34 years, I have worked with thousands of clients of all stripes and persuasions and from all economic and social strata. Most of my clients have been good to work with. They’ve been reasonable, and co-operative. Only a few have not.

With decades of experience working with clients, I present a few best practices to ensure that you, as a client, have a successful professional relationship with your lawyer.

Firstly, finding a lawyer requires research and hopefully, a personal reference from someone who has worked with that lawyer. You want to find a lawyer who you can trust – one who is an expert in the field of law that concerns you.

It’s important to understand that your legal case is like a team sport. You and your lawyer are on the same team and need to work as well together as any sports team, with your lawyer as head coach. Teams made up of members who argue with each other usually don’t win the game. Team unity (as we see from sports teams) is critical to success.

You are hiring a lawyer who has expertise with your area of concern. If your instinct is to challenge your lawyer on the way he or she is handling your file, you need to find another lawyer you are prepared to listen to. No lawyer can work with a client who will not take direction or advice.

Understand that many factors are at play in every legal situation, regardless of the subject matter. Lawyers must understand the law related to the subject matter, and the procedural rules as well as any legislation that may apply or rules of the Court, if applicable. The law in every area is complex and multi-layered and brings into play a variety of bodies of knowledge. Your lawyer will not describe every little detail with you, but just know that there are details – and lots of them.

If you are a client that needs constant updates, it’s best to set expectations early on as to how often your lawyer will communicate with you. Understand that lawyers with a good reputation for subject matter expertise are very busy and can’t always respond quickly. You can reach out to the lawyer’s assistant or support staff, but it’s best to have a firm understanding of your lawyer’s communication policy before you start working together.

If your matter involves litigation, at some point you may want to consider settlement. Settlement is a process that involves intellectual agility, compromise, and reason. Be reasonable and prepared to compromise if your lawyer recommends it. Being intransigent in your beliefs about your case is never a good idea.

If you disagree with what your lawyer is doing or saying, initiate dialogue to gain understanding of your lawyer’s actions. Rather than accuse your lawyer of not acting in your best interests, ask your lawyer to help you understand his or her theory of the case and the method of resolving it. Through respectful dialogue, you will gain understanding while not detonating or poisoning the relationship with your lawyer. Remember, you and your lawyer are a team, and you want to win or have the best outcome. Work together in unity towards that goal.

I hope these few tips help you have a productive and respectful professional relationship with your lawyer.