“Mr. Lambert, my limitation period expires tomorrow. Help me, it’s urgent.”
“Mr. Lambert, I have a trial next week in court, can you represent me? My file is already all mounted.”
“Lambert, I accepted the claims adjuster’s offer last year, but I still have sequelae and I am unable to return to work. Can you help me?”
We decided to write this short article, since there is not a week without a person contacting us too late, after trying to defend himself in court.
This text aims to advise all people who will be brought to face justice during their lives. We hope that this article may be able to prevent a person from saying “I should have” and from suffering the repercussions for a lifetime due to the failure to have properly prepared his file.
The expertise of a lawyer before the courts
A file is prepared, structured and organized.
We frequently see people so self-confident and convinced in their conviction, but unfortunately we have to bring back to order, because they are heading straight for a wall without even realizing it.
Indeed, when we are directly involved in the file, we are emotional and we lose our thread; there is nervousness that comes into play.
The accompaniment of a lawyer will ensure that there will be a structure to your file. It will guide you through the different legal procedures and bring you back to the essentials .
In the Court of Quebec and the Superior Court, we often find legal claims that are drafted inconsistently and with illogical amounts of claim. It must be understood that the drafting of an application initiating proceedings is the essential tool of the judge and the parties. This tool must be logical, well written and consistent to give credibility to your recourse.
The university training in law and the professional training of lawyers at the École du Barreau are not there for nothing. You need to find someone who inspires confidence in you and who masters their area of practice, but you don’t have to improvise as a lawyer.
When to consult a lawyer?
Do not look for a lawyer when it is too late, for example, when the statute of limitations has passed, or when you regret having accepted a settlement.
You have to look for a lawyer at the beginning of a case, when there is a right or when there is a decision to challenge. It should be noted that it is much more difficult for a lawyer to return to the file towards the end. Think of a plumber who has to repair the damage following poorly done work.
Unfortunately, many people who contact our firm do not realize the impact of the decisions that are rendered until it is too late. We often contact us after accepting a small amount following a settlement with the claims adjuster, when they could have gone for a much higher amount if they had properly evaluated their file.
How can a lawyer help me win?
The lawyer has a role to guide you through your case so that you understand what is important and to set up the theory of the case to prove your claim. He will explain what are the elements to prove in court and how to properly build a case. A lawyer knows the different deadlines and procedures under the law in order to preserve your rights. A competent lawyer is proficient in interrogation techniques and the art of pleading.
It is true that the lawyer cannot guarantee you a result (if he does, we advise you to save yourself). On the other hand, a lawyer will greatly increase your chances of making your point and hearing your point of view and therefore your chances of success.
In addition, remember that a lawyer has a professional responsibility towards his clients, unlike organizations that improvise themselves to defend the rights of accident victims.
The price to have a lawyer
It is often much more expensive to try to defend oneself than to hire the services of a lawyer. We invite you to think, before improvising to the lawyer or accepting a settlement offer without being represented by a lawyer: what will be the impact of this decision on my life?
Be aware that a lawyer is shopping. So, do your research. If you can’t afford to pay a lawyer who charges $300 an hour, find one who agrees to be paid by the result or who takes legal aid mandates. Please note that there are 25,000 lawyers in Quebec.
In addition, if you do not have legal insurance with your home insurance, we strongly advise you to take the steps to obtain one. Indeed, home insurance is not only a peace of mind for your home, but can also be a peace of mind at the legal level.
Finally, we reiterate that the lawyer-client relationship is above all a relationship of trust and that you must be comfortable with the person who will accompany you legally.
