Individual
Advocacy
Navigating the Legal System
Because people have legal rights
that can be infringed, they may find themselves within the legal system.
The legal system is a complicated environment for many reasons. Legal
language is difficult to understand, especially if you are not trained
in the legal field. As well, the legal system is full of procedures and
rules that must be followed in order to achieve some progress. Not knowing
these rules can be very frustrating, especially if the various procedures
and the rules have not been explained to you. Added to all this is the
anxiety that is generally associated with the legal system.
Many people believe that if you need the help of a lawyer or are involved
in a legal issue, you have done something wrong. That is often not the
case. Where you are trying to have your rights upheld, you have done nothing
wrong. You are using the justice system for the purpose it was intended.
When Would I Be Involved with the Legal System?
As a person with a disability, you may be involved in the legal system
or need a lawyer where:
1. you have been discriminated
against on the basis of your disability
2. you are appealing the decision of a government program · 3. you have
been denied long term disability from your insurance provider
You may also be involved in the legal system for reasons unrelated to
your disability.
How much will legal help cost?
Lawyers have different ways of setting the fees they charge. A lawyer
may:
1. Charge a fixed fee (for example,
to write your will)
2. Charge a fee according to the amount of money or the value of property
involved in your case (for example, according to the value of the house
you are buying/selling)
3. Charge you according to the amount of time spent on your case, according
to what type of work it is (for example, an hour in court may cost the
same as several hours of research), and according to how complex the work
required is 4. Different lawyers charge different hourly rates
5. Charge you on a contingency basis (for example, in a personal injury
case it may be based on a percentage of how much you receive)
Lawyers often cannot predict exactly what their costs will be as each
case is different. Some lawyers do what is called "pro bono" work where
they will provide their services for free.
What will happen when I first visit a lawyer?
After you have contacted some lawyers and chosen which one(s) you want
to meet with, you will arrange a first visit. When you first visit a lawyer,
you should:
1. Bring
any papers or documents that have anything to do with your problem.
2. Be prepared for many questions - the lawyer is trying to see whether
he or she can help you and will need many details
3. Be completely honest - the lawyer is not there to judge you and you
need not feel uncomfortable · Know what you want to achieve - if the lawyer
knows exactly what you expect, he/she will be able to help you better
4. Ask any questions you may have (e.g.,, about costs, timelines, whether
or not he/she thinks you have a good case) and write down the answers
5. Discuss the next steps (e.g.,, arrange next appointment) if you have
decided you would like to hire this lawyer
What
should I expect from my lawyer?
The lawyer should explain the laws that apply to your legal problem. He/she
should be able to tell you what your rights are, what you can expect from
him/her and the process you are involved in, what costs you can reasonably
expect and about how long it will take. It will be difficult to accurately
predict exactly what will happen but you should have some idea. Your lawyer
may not always tell you what you want to hear or be able to do everything
you want. The legal system places restrictions and timelines that lawyers
must follow and he/she knows that.
What
should my lawyer expect from me?
Your co-operation is essential. You must be honest at all times.
You should also be aware that lawyers have other clients and
other commitments too. You need a lawyer to help you with a
legal problem and he/she may not be able to assist you with
other problems you may have. Your expectations should be realistic.
For example, he/she cannot provide you with family counseling.
Discrimination
on the Basis of Disability
Appealing the Decision of a Government
Program
Denial of Long-Term Disability
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