For most people, consulting a lawyer can be a stressful experience. This is understandable, since people often only consult a lawyer when they are facing a major difficulty in either their personal or business life. Some of the following questions are typically asked by people who are consulting us for the first time, and we hope that the answers provided can go some way towards making your own initial consultation easier.

1. How much is this going to cost?
2. How long will this take?
3. What is a contingency fee?
4. Will I have to go to court?
5. Can I trust you?
6. Are you connected?
7. Tell me about your staff.

1. How much is this going to cost?

Legal services are not cheap. Most files are billed depending on the number of hours a lawyer has spent on them, so the more complicated a matter, the higher the cost. A lawyer will usually be able to give an estimate as to the amount of the final bill after the initial consultation. Nixon Wenger has lawyers who may be able to explore alternatives to litigation. Our lawyers can often identify a situation which has potential for compromise, and will try to ensure clients understand the options which will achieve the best result for them in terms of both principle and expense. In the end, the lawyer responsible for the conduct of the file is also responsible for billing. This allows for a greater degree of flexibility in determining both the amount of the bill and its method of payment.

2. How long will this take?

If you are involved in litigation, you should know that sometimes it takes years for a matter to proceed through all the stages. There may even be a period of years between the time when the cause of action arose (for instance, a car accident or a wrongful dismissal) and the time when the legal process is initiated. Once an action commences, it has three main stages. The initial stage is when the parties outline their positions for each other, define the issues, identify who is or should be involved, and agree on jurisdiction. The next stage is when the parties embark on the gathering and exchange of evidence and information. This stage can take a long time, especially where the facts are complex, changing, or not fully known. Many cases proceed no further, since as information comes to the surface it becomes more and more clear that one side faces greater risk if the matter continues. The third stage is the trial, which depending on the complexity of the case may take weeks. The difficulty of finding enough court time and coordinating the calendars of everyone involved may result in a trial being rescheduled several times, with delays in between. On the other hand, some cases settle or are otherwise concluded within the first few weeks or months.

3. What is a contingency fee?

A contingency fee is a method of payment whereby the lawyer takes the risk that a case may not be successful. Basically, the idea is that if your claim does not succeed, then the lawyer will not get paid. If your claim does succeed, then the lawyer will get paid. Usually the amount of the pay depends (or is "contingent") on the amount of the award or settlement, and is frequently expressed as a percentage. Some contingency fee arrangements are structured so that the client bears a portion of the risk as well. For instance, a client will often agree to pay for the disbursements (filing fees, administrative expenses, etc.), but will leave the fees for the legal work itself to be covered by contingency.

4. Will I have to go to court?

If you start a legal action, if you are defending a legal action, or if you are a witness in a legal action, then there is always the possibility that you will have to testify in court. Your attendance may be required for tactical reasons, for instance if you are the claimant and also the only witness, or you may even be subpoenaed, or ordered to appear. Don't be frightened. Millions of people have gone to court and have survived. Your lawyer will be able to discuss with you what to expect once you take the witness stand.

5. Can I trust you?

At Nixon Wenger, we believe that trust is a key element of a positive and successful lawyer/client relationship. You should know that all lawyers are bound to follow certain rules of conduct when dealing with their clients. Of particular importance is the rule of confidentiality: your lawyer will not disclose confidential information obtained as a result of the solicitor/client relationship to anyone outside of the firm without your express permission.

6. Are you connected?

Nixon Wenger takes pride in being up-to-date in terms of technology and resources. All our lawyers are computer literate and familiar with electronic research and communications systems. The firm subscribes to a number of electronic information services, legal databases and other resources. Staff and lawyers are each equipped with their own computer workstation and can access the Internet and other electronic resources directly. Nixon Wenger also has the capability to run entire files electronically, and we were one of the first law firms in British Columbia to conduct a "paperless trial" using solely electronic data or scanned-in documents.

7. Tell me about your staff.

Nixon Wenger has a complement of over 45 outstanding legal assistants, paralegals, and other staff to support our more than 20 lawyers. Many of our paralegals and assistants specialize in a particular area, such as wills and estates, commercial or residential real estate (including conveyances, mortgages, subdivisions and property development), foreclosures, or personal injury. Our staff members are reliable, hardworking, and diligent, and are invaluable assets to both the firm and to every client.