Laws affect almost every part of your life. Laws cover your relationships with your family and other people, with your community, and with your government. Laws help you own property, deal with birth and death, and take care of business. Laws give you both rights and obligations.

The law and court processes are complicated. It is essential to the community that some citizens have the training, skill and specialized knowledge of the law and the courts. Lawyers, as members of the legal profession, are trained to give legal advice and services and to represent others in court.

Lawyers are there to help you. But you may not know how to find the right lawyer for the problem, or are nervous about the unfamiliar setting of the law and the courts. This brochure will help. It will give you hints to help you choose a lawyer and to help you prepare for a visit to your lawyer. It will describe the lawyer and client relationship and suggest sources of help, if you need it.

WHEN YOU NEED A LAWYER

• Are you buying or selling your house?
• Do you need a will?
• Are you separating from your spouse?
• Do you want to start a company?
• Is someone suing you or do you want to sue someone?
• Have the police laid charges against you?
• Were you injured in an accident?
• Are you about to sign a contract?

These are examples of the types of everyday problems where you may need a lawyer's help. Everyone, at some point, will run into situations that involve the law. Then you will want to find out what the law is and how it affects you.

Seeing your lawyer early can often help you avoid trouble and costly consequences. For example, if you are buying or selling a house, you should see your lawyer before signing the agreement through the real estate company. You should see a lawyer before organizing a business. You have a right to talk to a lawyer before making a statement to the police or pleading guilty to a crime in court.

Choosing the right lawyer for you and your problem is more difficult today because society and laws have become more complex. In the past, it was common to have a family lawyer, the same as a family doctor. While there are many lawyers who do a general practice today, some lawyers concentrate on a few areas of the law only. Others will handle all types of basic legal problems, but not complex ones.

Some law firms organize the lawyers in the office around different areas of law. All these things may make it more difficult to find the right lawyer for your problem.

Both lawyers and firm names are listed in alphabetical order in the Yellow Pages of the telephone directory. Look under "Lawyers".

One way to find a lawyer is to talk to people who had similar legal problems. Ask them which lawyer they dealt with, and whether they were satisfied with the legal services they received. You can also ask your current lawyer to refer you to someone else who handles this type of case.

Another way to find a lawyer is through the Lawyer Referral Service run by the Community Legal Information Association of P.E.I. Inc. (CLIA). You will be given the names of two lawyers who deal with your kind of problem. You may see one of the two lawyers for a half hour interview. The cost is $10.00 plus taxes. During the half hour, the lawyer will tell you what legal services you may need and an estimate of what it may cost. You then decide what to do, and whether to hire that lawyer. You can reach the Lawyer Referral Service by phoning 892-0853 or 1-800-240-9798 during office hours.

If you want legal information about the area of law which interests you, call CLIA at 892-0853 or 1-800-240-9798. CLIA operates a legal information telephone line and a resource centre. The staff does not give legal advice or services -- just information.

IF YOU CAN'T AFFORD A LAWYER

If you have a low income and have a criminal or family problem, you may apply for legal aid from the Public Defenders' Office. If you qualify, one of its staff lawyers will take your case, free of charge. To see if you qualify for legal aid, telephone 368-6043 in Charlottetown, and 888-8219 in Summerside.

You may find it helpful to know some features of the practice of law and of the relationship between you, as a client, and your lawyer.

Your lawyer is obliged to keep your information absolutely confidential. You can tell your lawyer everything about your situation -- good or bad. Your lawyer cannot advise you properly unless all the facts are known. Even the court cannot normally force a lawyer to reveal conversations with you without your permission. This protection is called "solicitor client privilege," and exists so you can tell the whole story to your lawyer in privacy.

When you hire a lawyer, you are also hiring the law firm the lawyer works for. If your lawyer is ill or away when something happens in your case, another lawyer from the firm may help you. Your lawyer may review your case with other firm lawyers or ask them to help research your case. Another firm lawyer may do part of the case, especially if it involves more than one area of the law. For instance, your lawyer may handle your separation agreement, and another lawyer from the firm may prepare the deed to the house that is a part of the agreement. All members of the firm and its staff have the same duties of confidentiality toward you and your case as does your own lawyer.

Because lawyers are independent, they can give you objective and balanced advice. Your lawyer is acting for you alone. Your lawyer cannot be involved personally nor represent someone who is against your interests in this case. To do so would be a conflict of interest.

That is why, for instance, a lawyer will not usually see both a husband and wife when they separate, or handle a land transaction for both the buyer and seller. If there is no real or potential conflict, a lawyer may sometimes advise both, but only with the knowledge and agreement of both. If a conflict then develops, the lawyer cannot act for either client, and they must both get new lawyers.

After discussing your problem with the lawyer and hearing your lawyer's advice, your job is to tell your lawyer what you wish done. Lawyers call this "giving instructions". The lawyer then tries to obtain what you hope to achieve within the framework of the law and the lawyer's professional duties. Your lawyer cannot follow instructions from you which would break any law or breach the lawyer's duties to the court or to the legal profession.

The legal profession has high standards for lawyers. It follows a Code of Professional Conduct that outlines what is expected of a lawyer in dealing with clients, other lawyers, the profession itself, and the courts. If lawyers act unprofessionally or unethically, they can be disciplined by the Law Society.

PREPARE FOR YOUR VISIT TO YOUR LAWYER

Good planning will help you make the best use of your lawyer's time. The more organized you are, the less time you will require and the less the lawyer's services may cost you. Here are some tips for getting ready to see your lawyer:

When you meet with your lawyer, try to stick with the facts, but tell the lawyer everything important. Answer your lawyer's questions fully, even though you may not understand the purpose of the question at the time.

A first meeting with your lawyer may go like this. You tell your lawyer the facts of your case and answer questions. Your lawyer tells you the law about those facts. Your lawyer explains your options to you, and may give you recommendations about possible solutions to your legal problem. Your lawyer may give advice on how to protect your interests and how to avoid further problems. The lawyer usually will explain the risks and costs involved.

If something is not clear or hasn't been covered by the lawyer, ask to have it explained.

Sometimes advice cannot be given at the first meeting. Your lawyer may need to do legal research first. The law changes often and your lawyer may need to check relevant statutes or court decisions first.

It is up to you to decide whether to hire or "retain" the lawyer to do the needed legal services. You do not have to hire the first lawyer your see. You may want to discuss the following to help you make that decision:

• What needs to be done? Are there alternatives?
• How long will it likely take?
• What are my chances of success? What are the risks?
• Who will be responsible for my case?
• How much will it cost, and how will I be billed?
• What can I do to speed things up or keep costs down?
• How will I be kept informed of developments in my case?

When you hire a lawyer, you are buying the lawyer's time and skill. It is a good idea to have a thorough discussion with your lawyer about the estimated cost and the method of payment at your first meeting.

Your lawyers may be flexible about the method of payment. You could be sent monthly bills, or perhaps billed when some event takes place in your case. Sometimes the lawyer may bill you only when the case is over. Sometimes you can arrange to make monthly payments over time. You should ask your lawyer what will be expected.

The agreed financial arrangement may be outlined in a letter to you or in a written agreement. When you hire a lawyer, you both have entered a contract whether it is in writing or not.

Often a client pays money as a "retainer" before the lawyer starts to work on the file. This money is kept in the lawyer's trust account as a credit for the legal work to be done.

As the case proceeds, the lawyer will bill you, and deduct the amount from the retainer. If the retainer is not completely used, you will get a refund.

Lawyers have different ways to calculate fees, depending on the type of services required and the firm's billing practices. These are the usual methods.

This is the usual way of billing, especially for a court case. A lawyer cannot predict the amount of time required at the beginning. The lawyer doesn't know at that stage how long the trial may take or whether it may settle out of court.

Ask your lawyer about the hourly rate, if you haven't been told. A lawyer's hourly rate depends on experience and expertise. The lawyer keeps track of all the time spent on your file, including research, telephone calls, letters, meetings and court appearances. To send you a bill, the lawyer multiplies the time involved by the hourly rate.

Sometimes there is a flat fee charged for the type of legal service. This is often the method used when it is a standard transaction -- for instance, an uncomplicated will, an uncontested divorce, a problem-free home purchase, or the incorporation of a new company. One rate is charged, no matter how much time it takes.

Sometimes the result itself may decide the fee. An example of this is a "contingency" fee. This is often used in personal injury cases. The lawyer receives no fee unless money is obtained for you, perhaps after a settlement with an insurance company or after a trial. Then you pay the lawyer the agreed percentage of the amount you receive.

You also pay the lawyer's expenses and other expenses of the case.

The contingency fee agreement between you and your lawyer must follow the rules set by the courts. It must be in writing and filed at court with an official called the Prothonotary. The Prothonotary also deals with any problems which may arise as a result of the agreement.

In other types of cases, a percentage fee is used. For example, a lawyer may charge a certain percent of the value of an estate to take it through probate procedures, or a percentage of a debt in order to collect it.

No matter which type of fee arrangement is in place for your case, you must pay for "disbursements" or out-of-pocket expenses. These may be the costs for filing and serving documents, or for long distance calls, photocopying, subpoena fees, medical or other reports.

Unless it's a contingency fee, you pay the lawyer whether you win or lose in court. As well, the losing side in a court case may have to pay the court costs of the winning side if the judge orders it. This is part of the risks involved which you should discuss with your lawyer at the beginning of your case.

Occasionally a lawyer and client will disagree. It may be over how to conduct the case, the fees charged, or what you believe is improper conduct by the lawyer. You have options to resolve these conflicts.

You may wish to attempt to resolve the problem first by having a frank and open discussion with your lawyer. Often problems are a result of a breakdown in communications between the lawyer and the client. A discussion gives your lawyer a chance to explain things to you, and for you to explain why you are unhappy.

If you're uncertain about something you may wish a second opinion. Your lawyer may arrange for this with another lawyer in the firm, or someone from another office. You must pay the second lawyer for this.

If you're unhappy, you may hire another lawyer or ask to have your case transferred to another lawyer in the firm. If you change firms, you will likely have to pay your old lawyer first for the services already provided to you. Your new lawyer can handle this for you, and get your file, if you wish.

If you think that your lawyer's bill is too high or is unfair for some reason, you may apply to a court official called the Prothonotary to have the lawyer's bill "taxed," or assessed. This is a free service. After meeting with both you and your lawyer and hearing what you both have to say, the Prothonotary will decide whether the lawyer's bill is an appropriate one. If the Prothonotary changes the amount of the lawyer's bill, that is the amount you are responsible to pay. Call the Prothonotary at the courthouse in Charlottetown, Summerside or Georgetown.

If you think that your lawyer has acted unprofessionally or unethically, you can lay a complaint against your lawyer with the Law Society of Prince Edward Island. It has the power to discipline a lawyer for unprofessional conduct. For more information about the complaints procedure, contact the Law Society office at 566-1666.

If you think your lawyer has made an error in handling your case, or was negligent, you may have a claim against your lawyer, and can sue. You should consult another lawyer to see whether you have a claim against your lawyer for the mistake. In order to practice law, lawyers must carry professional liability insurance to cover errors and omissions.

This is the governing body for the legal profession, and lawyers must be members in order to practice law in the province. The Law Society is responsible for the regulation of the legal profession. It regulates the admission of lawyers to the bar and the discipline of the lawyers. It conducts programs for continuing education, and for lawyers' standards.

The Canadian Bar Association is a nation-wide voluntary organization devoted to promoting the interests of the legal profession, law reform, and providing educational opportunities and services to its members. Each province has a provincial section of the CBA. Most lawyers in PEI are also members of the CBA.

This is a non-profit organization dealing with public legal information and education for Islanders. It operates a law line, a resource centre, the Lawyer Referral Service, and a speaker's bureau. CLIA also publishes materials and conducts workshops and programs.

This is a service which provides free staff lawyers to low income people who have a criminal or family law problem. The program is run by the provincial government, and is funded by the federal and provincial governments.

This organization manages a fund from which it gives grants for family legal aid, legal education, law reform, legal research and the operation of the law libraries. The fund comes from the interest earned by lawyers' trust accounts.