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<span style="font-weight: bold">Tips on selecting a good lawyer</span>
published: Tuesday | November 18, 2008
Anthea McGibbon, Staff Reporter
FINDING A GOOD lawyer can be one of the most frustrating experiences in Jamaica, especially when funds are limited. However, it's easier than you think. Ideally, with the right research, a lawyer who can serve as a 'legal coach' is best. A good lawyer connects with his client right from the start. The initial contact is an excellent opportunity to get to know each other, to determine if there is a fit.
Although secondary, the personality fit is also important. The client should feel a sense of security.
The initial contact between lawyer and client is an excellent opportunity to get to know each other. After all, the lawyer will be functioning as both coach and agent.
Charles Williams, an attorney for more than 25 years, advises that clients should ask many questions, plus pay attention to the yardsticks such as chemistry and accessibility, right from the start.
Williams also advises that the lawyer should be able to give an idea of the time frame involved and necessary stages for resolution the problem to be achieved.
Jacqueline Samuels-Brown, president of the Jamaican Bar Association, explains that clients need to know that they have the last word, while the lawyer advises on all possible outcomes. It is, therefore, up to the client to outline his or her desired course of action.
Certified
The Bar president urges clients to check with the General Legal Council to know whether a lawyer is fully certified by that body and admitted by the courts to practise law.
Although the ban against advertising is lifted, lawyers constrain themselves to minimal advertising such as telephone directory listings. However, this is not the best way to locate a good lawyer. Most persons learn about a good lawyer the old-fashioned way - through friends, families and acquaintances. However, choosing, based on reputation or observation, can be highly beneficial. Observations can be done by attending court and seeing lawyers in action or, at times, through knowledge of a successful transaction already in progress.
It is important to note that recommendations cannot be made by the General Legal Council, the body responsible for discipline and rules governing lawyers.
The crux of hiring a lawyer can get complex at retaining or contracting, which is most times based on the lawyer, experience, nature of case, nature of issues and complexities, the type and amount of work required. Initial consultation is, in many instances, free.
Service fees
However, within Jamaica's free market, both parties must get together to decide on a rate to be paid or fees to be charged outside of statutory required fees. This, as lawyers are free to charge whatever fees, they believe, their services are worth.
Some lawyers charge a total fee from the get-go, while others charge an initial retainer, plus additions over time for extra elements such as court appearances. (NB: In Jamaica, cases can drag through the courts for two to three years, or up to 20 years in extreme circumstances.) Still, there are lawyers, who charge an hourly fee after the initial retainer.
<span style="font-weight: bold">In the case of commercial transactions such as land matters, fees are calculated as a percentage of the value of the property involved.</span>
Critically, clients should, at all times, have a clear idea on the basis of the fee structure and, hence, the fee to be charged to avoid misunderstandings and budgetary problems.
Further, clients should, at all times, be mindful of available legal aid (called pro bono in the US) as supplemented by the government. Through a partnership between government and attorneys, legal aid is made available, as private attorneys agree to accept significantly reduced fees from persons, who have financial problems. In the case of criminal matters, with a few exceptions such as drug cases, legal aid is made available.
Legal aid clinics
<span style="font-weight: bold">Three legal aid clinics exist in Jamaica</span>, namely Kingston Legal Aid Clinic, Legal Aid Clinic, Norman Manley Law School, Mona, St Andrew, and the Montego Bay Legal Aid Clinic Ltd in St James. The cost may range from $15,000-$30,000. Lawyers also volunteer, on call, as duty counsel at police stations, where they give advice or represent persons detained or arrested.
Tips to bear in mind:
When choosing a lawyer, get information on area and level of experience and expertise.
Choosing between barrister and solicitor is no longer an issue as Jamaican lawyers are now able to operate as both.
Lawyers who may not have adequate time to devote to your case, as a result of heavy workload, should inform you.
Information on statutory duties and costs can be obtained from public agencies and offices such as the Registrar of Titles.
Finally, never assume that a 'friendly' lawyer has your best interest at heart. Make sure that even these 'friendly' lawyers speak directly, especially in telling you when to make contact, in the event you are not contacted first.
GOLDEN LINKS:
www.nolo.com/article.cfm/ ObjectID/796DE8B4-2417-4175-80714E5DCCE20C75/
sbinformation.about.com/ cs/patents/ht/goodlawyer.htm
http://www.youtube.com/ watch?v=1LoXRW8_R9o
Please share your opinions on the The Gleaner's advice column, 'How To'. Email comments to anthea.mcgibbon @gleanerjm.com or [email protected].
published: Tuesday | November 18, 2008
Anthea McGibbon, Staff Reporter
FINDING A GOOD lawyer can be one of the most frustrating experiences in Jamaica, especially when funds are limited. However, it's easier than you think. Ideally, with the right research, a lawyer who can serve as a 'legal coach' is best. A good lawyer connects with his client right from the start. The initial contact is an excellent opportunity to get to know each other, to determine if there is a fit.
Although secondary, the personality fit is also important. The client should feel a sense of security.
The initial contact between lawyer and client is an excellent opportunity to get to know each other. After all, the lawyer will be functioning as both coach and agent.
Charles Williams, an attorney for more than 25 years, advises that clients should ask many questions, plus pay attention to the yardsticks such as chemistry and accessibility, right from the start.
Williams also advises that the lawyer should be able to give an idea of the time frame involved and necessary stages for resolution the problem to be achieved.
Jacqueline Samuels-Brown, president of the Jamaican Bar Association, explains that clients need to know that they have the last word, while the lawyer advises on all possible outcomes. It is, therefore, up to the client to outline his or her desired course of action.
Certified
The Bar president urges clients to check with the General Legal Council to know whether a lawyer is fully certified by that body and admitted by the courts to practise law.
Although the ban against advertising is lifted, lawyers constrain themselves to minimal advertising such as telephone directory listings. However, this is not the best way to locate a good lawyer. Most persons learn about a good lawyer the old-fashioned way - through friends, families and acquaintances. However, choosing, based on reputation or observation, can be highly beneficial. Observations can be done by attending court and seeing lawyers in action or, at times, through knowledge of a successful transaction already in progress.
It is important to note that recommendations cannot be made by the General Legal Council, the body responsible for discipline and rules governing lawyers.
The crux of hiring a lawyer can get complex at retaining or contracting, which is most times based on the lawyer, experience, nature of case, nature of issues and complexities, the type and amount of work required. Initial consultation is, in many instances, free.
Service fees
However, within Jamaica's free market, both parties must get together to decide on a rate to be paid or fees to be charged outside of statutory required fees. This, as lawyers are free to charge whatever fees, they believe, their services are worth.
Some lawyers charge a total fee from the get-go, while others charge an initial retainer, plus additions over time for extra elements such as court appearances. (NB: In Jamaica, cases can drag through the courts for two to three years, or up to 20 years in extreme circumstances.) Still, there are lawyers, who charge an hourly fee after the initial retainer.
<span style="font-weight: bold">In the case of commercial transactions such as land matters, fees are calculated as a percentage of the value of the property involved.</span>
Critically, clients should, at all times, have a clear idea on the basis of the fee structure and, hence, the fee to be charged to avoid misunderstandings and budgetary problems.
Further, clients should, at all times, be mindful of available legal aid (called pro bono in the US) as supplemented by the government. Through a partnership between government and attorneys, legal aid is made available, as private attorneys agree to accept significantly reduced fees from persons, who have financial problems. In the case of criminal matters, with a few exceptions such as drug cases, legal aid is made available.
Legal aid clinics
<span style="font-weight: bold">Three legal aid clinics exist in Jamaica</span>, namely Kingston Legal Aid Clinic, Legal Aid Clinic, Norman Manley Law School, Mona, St Andrew, and the Montego Bay Legal Aid Clinic Ltd in St James. The cost may range from $15,000-$30,000. Lawyers also volunteer, on call, as duty counsel at police stations, where they give advice or represent persons detained or arrested.
Tips to bear in mind:
When choosing a lawyer, get information on area and level of experience and expertise.
Choosing between barrister and solicitor is no longer an issue as Jamaican lawyers are now able to operate as both.
Lawyers who may not have adequate time to devote to your case, as a result of heavy workload, should inform you.
Information on statutory duties and costs can be obtained from public agencies and offices such as the Registrar of Titles.
Finally, never assume that a 'friendly' lawyer has your best interest at heart. Make sure that even these 'friendly' lawyers speak directly, especially in telling you when to make contact, in the event you are not contacted first.
GOLDEN LINKS:
www.nolo.com/article.cfm/ ObjectID/796DE8B4-2417-4175-80714E5DCCE20C75/
sbinformation.about.com/ cs/patents/ht/goodlawyer.htm
http://www.youtube.com/ watch?v=1LoXRW8_R9o
Please share your opinions on the The Gleaner's advice column, 'How To'. Email comments to anthea.mcgibbon @gleanerjm.com or [email protected].