法庭的秘密 (一) 如何找好律师
宪法不是用来嘲笑的, 是用来利用的。
法律不能保证每次都公平, 但是没有法律, 大多数平民都得不到公平。
一,
民事纠纷, 家庭纠纷,小额纠纷和普通交通事故不一定要请律师。
但是如果你一定要有个好律师的话, 这些是你在找律师时要问的。
律师和医生一样, 分成不同领域和等级。 比如家庭法律师和交通法律师聊天基本相当于眼科和牙科对质,都是鸡同鸭讲, 尽管在基本的法律常识上是一致的。
* CHECK THAT S/HE IS IN GOOD STANDING WITH THE LAW SOCIETY of UPPER CANADA. A phone call to the Law Society at (416) 947-3300 is all it takes.
* Ask when s/he was admitted to the Bar. (This will tell you how long they have been in practice.)
* Ask if s/he specializes in the area of law you in which you require assistance. What specialist training or certification does s/he have?
* Ask how many similar cases s/he has handled? How many were won.
* Ask if s/he has ever been di*****arred, suspended, or disciplined by any Law Society anywhere.
* Ask if she has been the subject of fee reviews.
* Ask if any complaints have been made against her (regardless of the outcome) to the Law Society.
如果你想找个不付费的律师, 可以申请法律援助
http://www.canlaw.com/legalaid/legalaid.htm
签订律师合约时注意一下事项:
Your responsibilities,
* Attempting to negotiate a settlement
* Applications to court for restraining orders, interim maintenance, interim custody, and
* possession of property;
* Preparing for and attending trial
* Obtaining judgment, settling the order and enforcing the order granted by the court
ask your lawyer
* A description of the retainer and how it works (full payment, partial payment, replenishing, etc.)
* The amount of your hourly rate (subject to change without notice).
* A description of the work to be done (sometimes it is important to state what is NOT included, e.g., appeals)
* A specific statement about your right to stop work if the retainer is not replenished.
* A specific statement about your right to withdraw from the matter if no payment has been made within 7 days of request for replenishment.
* A statement that specifies finance charges for delinquent amounts.
* A statement acknowledging that the client will pay collection fees and court costs incurred in collection of past due balances.
Representation on other matters
Legal Services Not Covered by this Contract
Appeal the decision of the court to get a higher court to change that
decision.
Expenses:
Attorney fees,
Flat fee for certain types of hearings
Fee estimates;
The total amount of attorney fees, court costs, and expenses cannot be determined in advance.
Fees and expenses must inform the client in advance for any amount exceeds the estimate or the maximum of amount agreed with the client. discussion on billing issue is free of charge.
How fees and expenses are billed:
自己要准备一下, 万一出现:
Billing disputes
Termination of attorney-client relationship:
Get your files from your lawyer's office
这是一个律师给客户的合同部分,
供参考:
Billing disputes
There is no charge to talk to me about the bill, and you do not obtain my
agreement to extend the time for payment, I may withdraw as your attorney. The attorney-client relationship will
automatically end at completion of the matter for which you retained me.
fees that under dispute are not subject to interest for any late payment.
---- ask him to provide to you a detailed listing (usually in 15 minute blocks), as to what is the matter/goal and what is the conclusion from the conversation, unsuccessful phone call or leaving a message would be billed only by 10th of an hour.
---- cannot charge you if he did no work on the case
even there are rarely a case you may sue your client which you should not take at the first place.
Termination of attorney-client relationship:
If you have a pending case in
which I have entered an Appearance, we will need to obtain the Judge’s approval by
entering into a Stipulation and Order allowing me to withdraw as your attorney
It is my practice to provide you with a copy of all important papers
filed in your case.
You are free to end my services before your case is completed by writing me a letter or note. If
you do, I will also ask you to sign a court form which tells the court I no longer act for you.
File on my case
If you have provided me with
documents for use in your case, you may request return of the documents at any time.
I will not settle your case without your consent.
You agree to pay fees for attorney services at my rate of ${myRate} per hour.
Time will be billed in minimum amounts of one tenth hour.
a flat fee for certain types of hearings, trail
The total amount of attorney fees, court costs, and expenses cannot be
determined in advance.
How fees and expenses are billed.
receive a bill from me once a month showing services
performed by me,
major expenses (for example, to hire expert witnesses) in advance
Fee estimates:
attorney fees,
court costs and expenses. any additional amounts which you must.
In the event that your case proceeds to trial, my services will be charged at $[amount] per day,
-- 后记
和你的律师合作可能是十分痛苦的事情,如果你匆匆忙忙地找到了一个不怎么样的律师,还不如没有自己的律师。 不一定都要找华人律师, 实际上,因为一些华人律师楼什么案子都接,边学边办案,虽然收费可能低,但是最后可能要花费更多的总费用。
不过我并没这样的经历,唯一一次和一个华人律师楼打交道还是起诉律师楼。并很容易赢了这个案子
不是律师, 目前不接受任何法律问题咨询。 有问题请寻求专业人员
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