What to do if you need a lawyer but can't afford one

It’s a question Edmonton lawyer Patricia Hébert hears all the time: What do I do if I need a lawyer but can’t afford one? The past chair of the Canadian Bar Association’s Legal Aid Liaison Committee has answers. And they don’t involve hiring the kind of lawyer who would make Henry Winkler’s character Barry Zuckerhorn from TV’s Arrested Development — a family lawyer not known for his competence — look good.

Legal aid is one place to start

“I would really encourage people to call legal aid and to go to their provincial legal aid website even if they’re not sure they qualify,” says Hébert, a family lawyer at Gordon Zwaenepoel “Legal aid is one of those points of entry to information about the legal system…. It’s a really good source of referrals and information on what services might exist.”

The services that legal aid offer vary from province to province, but they may include an initial consultation at low or no cost, educational clinics and publications, and in some cases even a lawyer to take your case.

“What legal aid can do is at least help people determine whether they need a lawyer or not,” Hébert says. “Many offer clinics to help people prepare documents, but you can only find out more about what you need by getting in contact.

“Legal aid is partnering with other agencies and finding new ways to partner with other people to provide services to address larger gaps in access to justice,” she says.

Local law schools

Most have some kind of legal services clinic where people can get help. Again, the services vary from one to the next; in some cases legal representation is provided.

“Many have student legal-advice programs where they at least provide basic information and assistance with the guidance and supervision of lawyers,” Hébert says. “These can be really useful. You get a lot of attention and energy from students and you know they’re monitored. They’re getting mentorship and feedback from supervisory lawyers. It’s good service at a low cost,” or for free.

Pro bono clinics

Organizations such as Pro Bono Law Alberta (www.pbla.ca/) and Access Pro Bono (accessprobono.ca/) in B.C. provide free legal services by volunteer lawyers. Pro Bono Students Canada (www.probonostudents.ca/) is another organization that provides free legal services across the country.

Provincial courts

Check out the website of your provincial court even if you don’t necessarily to be in court. While each is unique, most offer online resources, forms, and possibly referrals.

“These are one of those portals into access for justice that regularly links to services in that province or community,” Hébert says. “The Alberta [court] website refers people to the Edmonton Community Legal Centre, for example, which has free evening legal clinics….It might be legal aid; they might connect you with another service.”

DIY resources, to an extent

There are all kinds of booklets, kids, resources, and online services that help people to take the law into their own hands, whether it’s drawing up a will or representing yourself in court.

Hébert says that while doing your own homework and preparation can help offset potential costs, it’s still worth getting qualified legal advice, something that could save you money in the long run if things go awry.

“I really encourage people to consider getting good quality legal advice at some point along the way, even if you feel comfortable yourself doing the reading, using [online] programs, and doing all that groundwork,” she says. “Find someone to give legal advice even if it’s on a limited basis to know whether you caught things that could cause difficultly because of a legal issue in the future.

“In family law, in immigration, in wills and estates we find people who have hired someone to assist them who’s not a lawyer then they run into difficulties,” she notes. “At the end of day they absolutely need lawyer to get them out of difficulties created by a legal issue. In those situations people end up costing themselves more time and grief than if they had gotten proper legal advice at some stage in the process.”

Finally, be sure you’re getting good-quality legal assistance. The above-mentioned organizations are solid sources of referrals, Hébert says.