Many Canadians are choosing to represent themselves in legal matters whether it is because of not being able to afford a lawyer, personal choice, wanting control over their case or a bad experience with a lawyer previously. There is a lot of information online, including the Public Legal Information Association of NL, that can help self-represented litigants/individuals (SRLs) but legal information and legal advice are quite different. For example, if you speak with court staff they can give you general information about the law and court process but any specific questions will come with the standard answer of “go hire a lawyer.” Only a lawyer can provide legal advice specific to your individual situation to help you navigate your case and the court system. Although many people are willing to represent themselves, without specific legal knowledge and training obtained through years of study and mentoring, court cases can be extremely stressful, time consuming and difficult. I am not suggesting that representing yourself is never a good idea, even though a common saying among lawyers states that “a lawyer that represents himself has a fool for a client.”
What I am suggesting is that if you are going into battle it would be wise to bring some back up and who can provide better backup in a legal matter than a lawyer?
Furthermore, having a lawyer to consult with intermittently during the duration of your case can help tremendously with strategy, efficiency and overall success in your case. So how can we help you to help yourself? By being your back up.
How can we back you up?
Our firm provides the following services to help SRLs specifically using limited scope services, namely:
Legal Coaching - involves behind the scenes legal services provided by your lawyer while you take on some portion of your case yourself. This can significantly reduce your legal fees.
Unbundled Services - involves the ability to pick and choose which legal services you want to take advantage of, allowing you to reduce your legal fees.
We can “coach” you through your case and court appearances so that you are better prepared on “game day.” When it comes to representing yourself in court against another party who has a lawyer, the balance of power and knowledge is heavily tipped in that lawyer’s favour having had the training and experience that you yourself have not had the opportunity to acquire. The best way I can put this is that as lawyers we are like the professionals of tennis whereas SRLs are the ones who pick up the racket now and then. In that scenario, it is not just the training and practice that give the tennis pro the advantage, but the high quality racket, the brand sponsorships and the team of support staff behind them making sure their equipment is in top shape and their health is in peak condition. Whereas the SRL is on the other side of the net by themselves with an average quality racket and an empty water bottle with no one to fill it for them. The lawyer becomes a powerhouse and can exploit that dynamic if they so choose. Now, as officers of the court, we have a duty to not exploit that dynamic and provide as much assistance as possible to the SRL on the other side, but, it is too often not enough.
With a lawyer as your own personal legal coach that you can go to when you need help throughout the process, you have the advantage of that support team standing behind you, cheering you on and giving you the tools to successfully advocate for yourself in and out of the courtroom. Here are just some of the things we can help you with:
Preparing and/or reviewing your paperwork for court;
Coaching you through your court appearances and proceedings while you represent yourself. Therefore, your lawyer works behind the scenes for you and you get to keep your legal costs lower than full representation by a lawyer;
Advising you on proper procedure, the law and strategy;
You can do your own investigation of the facts and have your lawyer assist you in compiling the information in a format that is acceptable to the court;
Being “on call” while you attend court appearances and settlement conferences yourself, meaning we are available to you as a “lifeline” via telephone should you need to consult us during the proceeding;
With limited scope legal services, you may be able to handle the entire case yourself, with “back up” from your lawyer. It really is between you and your lawyer how much of your case you hire them to do for you and how much you choose to take on yourself. Please be aware that some areas of law are extremely technical, and it is rare for non-lawyers to be able to effectively handle every aspect of those cases. Among these are pension rights, stock options and business interests. You should always consult a lawyer if your case includes any of these issues.
Why use legal coaching and unbundled services instead of traditional full-representation?
Using limited scope services gives you the following benefits, namely:
Know your costs upfront so you are never surprised by the bill;
Choose from various payment options so you can find the one that is right for you;
Take control of your case;
Choose which services you use and how often you use them – therefore, you can control the amount that you spend on legal fees;
Get legal assistance and advice accessible for people of all income levels;
Build a collaborative relationship with your lawyer – working as a team to achieve your desired outcome;
Take advantage of increased communication between you and your lawyer as you work collaboratively towards your goal; and
Feel confident that solicitor-client privilege still applies to these non-traditional services.
Similar services are being offered in other provinces but are new to Newfoundland and Labrador. It is time for us to change how we do things and how much money we do them for. Contact us today to see how we can help you help yourself.
—Melanie
*Please remember that the information provided here is not legal advice. Its purpose is only to provide general information. The facts of each case are different so any questions should be directed to your lawyer.