Ottawa Law Firm Directory

25 Important Legal Terms Every Consumer Should Know Before Hiring a Lawyer

Hiring a lawyer can be an intimidating process, especially if you’re unfamiliar with common legal language. Knowing these essential terms will help you understand how legal services work, communicate effectively with your lawyer, and protect your rights as a client.

1. Retainer: A retainer is an upfront payment made to a lawyer to secure their services. It acts like a deposit that the lawyer draws from as they perform work on your case. Depending on the agreement, the retainer may cover initial consultations, document preparation, or ongoing representation. Some retainers are refundable if the entire amount isn’t used, while others are not.
2. Contingency Fee: A contingency fee arrangement means your lawyer only gets paid if you win your case or receive a settlement. Instead of charging an hourly rate, the lawyer takes a percentage of the recovered amount—often 25% to 40%. This arrangement is common in personal injury or civil litigation cases and allows clients to pursue legal action without paying upfront.
3. Hourly Rate: Lawyers who bill by the hourly rate charge for every hour—or portion of an hour—they spend working on your case. Rates vary depending on the lawyer’s experience, location, and type of law practiced. You’ll usually receive detailed invoices showing how your time and money are being spent, including meetings, phone calls, and document reviews.
4. Flat Fee: A flat fee is a single, pre-agreed payment for a specific legal service, such as drafting a will, reviewing a contract, or handling an uncontested divorce. This type of billing provides clarity and cost predictability, as it doesn’t change based on the amount of time the lawyer spends on the task.
5. Pro Bono: When a lawyer takes on a case pro bono, they provide legal services free of charge. Many lawyers offer pro bono work to help clients who cannot afford representation, often through legal aid organizations or community programs. It’s part of the legal profession’s commitment to ensuring access to justice for everyone.
6. Retainer Agreement: A retainer agreement is a formal written contract between you and your lawyer. It outlines the scope of work, payment structure, responsibilities of both parties, and how fees will be billed. This agreement helps prevent misunderstandings and sets expectations before the lawyer begins work on your behalf.
7. Attorney–Client Privilege: Attorney–client privilege is one of the most important protections in law. It ensures that any confidential communication between you and your lawyer cannot be disclosed to others without your permission. This allows you to speak openly and honestly with your lawyer so they can best represent your interests.
8. Conflict of Interest: A conflict of interest occurs when a lawyer’s ability to represent you could be compromised by personal relationships, financial interests, or prior involvement with the opposing party. Ethical rules require lawyers to avoid such conflicts or disclose them immediately to the client.
9. Plaintiff: The plaintiff is the person or party who files a lawsuit, claiming they were harmed or wronged and seeking compensation or other relief through the court system. For example, in a personal injury case, the injured party is typically the plaintiff.
10. Defendant: The defendant is the individual, business, or organization being sued or accused in a legal action. The defendant must respond to the claims made by the plaintiff and may provide evidence or witnesses to refute the allegations.
11. Civil Case: A civil case involves disputes between private individuals or organizations, rather than crimes against the state. Common civil cases include contract disputes, property issues, and personal injury claims. The goal is usually to recover money or enforce rights—not to impose criminal penalties.
12. Criminal Case: A criminal case is brought by the government against someone accused of breaking the law. If convicted, the defendant may face fines, probation, or imprisonment. Criminal cases differ from civil cases in that the state, not an individual, prosecutes the offense.
13. Statement of Claim: A statement of claim is the formal document filed by the plaintiff to start a lawsuit. It describes the facts of the case, the alleged wrongdoing, and the remedy being sought—such as financial compensation. This document is served on the defendant, who must respond within a specific time frame.
14. Statement of Defence: The statement of defence is the defendant’s written response to the plaintiff’s statement of claim. It outlines their side of the story, denies or explains the allegations, and may raise legal arguments to defend against the lawsuit.
15. Discovery: Discovery is the pre-trial stage where both sides exchange information, evidence, and witness statements. This process ensures that neither party is surprised by new facts at trial and allows both to assess the strength of their case and possibly negotiate a settlement.
16. Deposition: A deposition is a formal interview where witnesses or parties give sworn testimony outside of court. Lawyers ask questions, and a court reporter records everything said. Depositions help gather facts, clarify evidence, and assess witness credibility before trial.
17. Mediation: Mediation is a confidential process where a neutral third party—called a mediator—helps disputing sides find a mutually acceptable resolution. It’s often faster and less expensive than going to court and allows parties to maintain control over the outcome.
18. Arbitration: In arbitration, an independent arbitrator listens to both sides and makes a binding decision. It’s similar to a private court process and is often used in business, employment, or consumer contract disputes. Arbitration is typically faster than litigation but can limit the right to appeal.
19. Settlement: A settlement occurs when both parties agree to resolve a dispute without a court judgment. Settlements can happen at any time before or during a trial and usually involve some form of compromise, such as payment or specific action by one party.
20. Subpoena: A subpoena is a legal document ordering someone to appear in court or produce evidence, such as documents or records. Failure to comply with a subpoena can result in fines or other legal penalties.
21. Affidavit: An affidavit is a written statement of facts confirmed by oath or affirmation before a notary public or commissioner. It serves as evidence in legal proceedings and is used when a person cannot appear in court to testify in person.
22. Statute of Limitations: The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. Once this period expires, you may lose the right to file a claim, even if you have valid grounds. The time limit varies depending on the type of case and jurisdiction.
23. Legal Aid: Legal aid provides free or low-cost legal services to individuals who cannot afford a lawyer. Funded by the government or community organizations, it ensures access to justice for people facing financial hardship, especially in areas like family law or criminal defence.
24. Power of Attorney: A power of attorney is a legal document that allows someone (the “agent”) to make decisions on behalf of another person (the “grantor”). This authority can cover financial, medical, or legal matters and may take effect immediately or only under certain conditions, such as incapacity.
25. Judgment: A judgment is the final decision of a court resolving the issues in a case. It determines who wins, what compensation or penalties apply, and how the matter is concluded. Once entered, judgments can often be enforced through various legal means, such as garnishment or liens.

Final Note: Understanding these legal terms can make a huge difference in your ability to navigate the legal system confidently. When hiring a lawyer, don’t hesitate to ask questions—an informed client is a powerful client.