Just as a few bad apples can spoil the whole barrel, so can a few bad lawyers shame the entire profession. While most lawyers I know are honourable and hardworking individuals, there certainly are rogues out there. When you are seeking legal representation, you should keep an eye out for lawyers with the following “red flags” and avoid hiring them.
Red flag #1:
The firm’s advertisement says “… from x amount and up.”
Truth:
The Rules of Professional Conduct prohibit lawyers from displaying misleading advertisements, particularly suggestive and ambiguous language like “from x dollars and up,” “as low as …” or “we beat the price of any advertised pricing by our competitors by x percent.”
Red flag #2:
The lawyer guarantees you’ll win the case.
Truth:
As in fortune-telling, no one can guarantee what will happen in the future.
You can never know what will happen during the hearing. A witness can fail to show up, and evidence can go missing. The outcome of a case depends on many factors. If someone guarantees you a successful outcome, steer clear.
Red flag #3:
The lawyer encourages cash transactions.
Truth:
The Law Society of Upper Canada’s By-law 9 mandates that a lawyer can’t receive cash over $7,500.00 in total from one person on any given client file. For example, a lawyer can’t help you if you want to buy a house in cash.
This restriction not only deals with concerns of potential money-laundering but also encourages proper book-keeping. Let’s face it: cash is more easily mishandled and more difficult to track than other forms of monetary instruments, such as cheques. Because lawyers often handle trust funds on their clients’ behalf, the ability to trace certain funds becomes very important.
