Secure a good lawyer
Finding a good lawyer can be challenging, if not frustrating. However, the basic guidelines are the same in most countries. It is recommended that you hire a lawyer who can be your ‘legal coach’ and agent at the same time. From the beginning, a good lawyer connects with his client. Determine if there is a fit, although the personality fit is very important as you, the client, need to have a sense of security from the initial contact. Jamaican attorney Charles Williams, with over 25 years of experience, advises clients to ask plenty of questions and pay attention to vital evaluators, such as chemistry and approachability, from the start.
He says that lawyers should be able to give an idea of the time frame involved and the steps required to achieve resolution of the problem. Clients need to ‘know’ that they have the last word, although the lawyer advises on all possible outcomes, says another lawyer, Jacqueline Samuels. Therefore, the client must recognize the critical value of outlining their desired course of action. In any country, clients should investigate whether the lawyer is fully certified and qualified to represent them, especially in court, by the appropriate body. In Jamaica, lawyers do minimal advertising, such as telephone directory listings. However, directory listings are not sufficient guidelines for locating a good attorney.
The old way – through friends, relatives and acquaintances can never be exhausted. Also, the choice, based on reputation or observation, can be very beneficial. Observations can be made by attending court and seeing attorneys in action, or sometimes through learning of a successful transaction already in progress, where permitted. The General Legal Council of Jamaica, the body responsible for the discipline and regulations governing lawyers, cannot recommend lawyers. The crux of hiring a lawyer is often based on the lawyer, the experience, the nature of the case, the nature of the issues and complexities, the type and amount of work required. The initial consultation is, in many cases, free. Within the Jamaican free market, both parties must meet to decide the fee to be paid or the fees to be charged outside of the fees required by law.
This, given that lawyers are free to charge the fees that, in their opinion, their services are worth. Some attorneys charge a full fee up front, while others charge an initial retainer, plus additions over time for additional items such as court appearances. (Note: in Jamaica, cases can drag on in the courts for two to three years, or up to 20 years in extreme circumstances.) Still, there are attorneys who charge an hourly rate after the initial down payment. In the case of commercial transactions such as land matters, the fees are calculated as a percentage of the value of the property in question. Crucially, clients must, at all times, have a clear idea on the basis of the fee structure and therefore the fee that will be charged to avoid misunderstandings and budget issues. Additionally, clients should at all times be aware of available legal assistance (called pro bono in the US) supplemented by the government.
Through a partnership between the government and lawyers, legal assistance is made available, as private lawyers agree to accept significantly reduced fees from people who have financial problems. In the case of criminal matters, with some exceptions such as drug cases, legal assistance is offered. There are three legal aid clinics in Jamaica, namely the Kingston Legal Aid Clinic, Legal Aid Clinic, Norman Manley Law School, in Mona, St Andrew, and Montego Bay Ltd Legal Aid Clinic in St James. The cost can start at JA$20,000 (1 US$ = approximately JA$89). Lawyers also volunteer, on call, as duty lawyers at police stations, where they advise or represent detained or arrested persons.
Tips to keep in mind: When choosing a lawyer, research the level of experience and specialization. Choosing between lawyer and solicitor is no longer a problem as Jamaican lawyers can now operate as both. Lawyers who do not have adequate time to dedicate to your case, due to heavy workload, should let you know. Information about legal fees and costs can be obtained from public agencies and offices, such as the Registrar of Titles. Finally, never assume that a ‘friendly’ attorney cares about you. Make sure even these ‘friendly’ attorneys speak directly, especially to tell you when to contact, in case they don’t contact you first.