Doing business with a lawyer
A lawyer's roles
Lawyers are mandataries whose task it is to represent your interests or those of a group. They are a true allies when it comes to informing you about laws and regulations, advising you on the legal aspects of everyday life and helping you choose the best way to prevent or resolve a situation. They can also represent you in court. Thanks to their legal training, you can be sure that the mandate you give them will be carried out in your best interests and in compliance with the law.
A multi-faceted profession
It is commonly assumed that lawyers only come into play when a conflict arises to defend their clients. This is a misconception! Did you know that a considerable number of lawyers never appear before a court of justice? A substantial portion of the work carried out by members of the Barreau du Québec involves providing legal advice across a spectrum of matters and assisting clients through a multitude of personal and professional situations.
For instance, you may seek the advice of a lawyer in anticipation of a situation or action to validate the legal compliance of a decision you are about to make or a measure you wish to implement (for example, if you are an employer). Lawyers can also assist in the drafting of various legal documents.
As an illustration, lawyers may:
Assist you in drafting a will;
Guide you through the preparation of a joint divorce application with a proposed agreement;
Conduct legal research to help you make informed decisions on legal issues;
Provide recommendations on the most suitable structure for the business you intend to start, and assist in drafting and updating its bylaws;
Draft various contracts, such as sales agreements, employment contracts, residential or commercial leases, provisional sale agreements, etc.;
Advise newcomers on their rights and options in their migration paths;
Assist you in reaching an amicable resolution in the event of a dispute;
Guide you through real estate transactions, such as the acquisition or sale of a house or condo, the negotiation of a mortgage, or the purchase of home insurance.
In these situations, as in many others, the lawyer is the designated professional to help you understand the laws and regulations applicable to your circumstances.
You can also rely on your lawyer to explain all possible outcomes of a dispute and assist you in estimating the cost of legal proceedings.
What are the private dispute prevention and resolution (DPR) processes?
Commonly referred to as DPRs, these processes for preventing and resolving disputes are methods that focus on prevention and finding solutions rather than resorting to the courts when a legal dispute arises. These methods include:
- negotiation
- collaborative law
- mediation
- arbitration
DPRs form an increasing part of the work lawyers perform, and often have the advantage of helping them salvage relationships between individuals or businesses. If none of the methods is feasible, the lawyer will use his expertise to represent his client in court so that the client's rights are respected.
In short, a lawyer’s role is to find the best solution for each person, regardless of the situation.
Did you know
The Code of Civil Procedure requires persons involved in a legal dispute to first consider resolving the situation through a process such as mediation before instituting legal proceedings? Your lawyer will be able to provide information and advice on the private dispute prevention and resolution (DPR) processes that are available.