February 2015

Legal fees are not standardized. Lawyers set their own prices, largely based on what they believe their services are worth. At our office, we try to keep prices reasonable because we do not believe anyone should have to go broke defending themselves from a criminal charge. Our fees are mostly determined by the amount of work we have to do in a particular case and what it will cost in terms of labour, time, and office resources to do that work. It’s not a scientific formula, but it’s close.

It’s a mistake to think that the most expensive lawyer is the best. This might sometimes be true, but it is equally as often false. Price should only inform your decision about what lawyer to hire insofar as it relates to what you can afford. Beyond that, you should not draw conclusions based on dollars alone.

Age/Experience
A short while ago, I dealt with a client who had a particularly complex case. Throughout the different steps involved in the case, this client insinuated to me repeatedly that they might be better off with an older lawyer. Honestly, I was offended. I was working hard on the case, and it was well within my wheelhouse to deal with the issues that arose. There have been countless other times that clients and potential clients have suggested that I am too young to handle their cases.

Age and experience are two different things. Personally, I believe that my track record of successes in Immediate Roadside Prohibition and DUI Impaired Driving cases speaks far more about my ability to handle complex cases than my age does. Experience comes from doing something, learning what is necessary, and doing it over and over again. There are many older lawyers who do not have the degree of experience I do in IRPs, just as I do not have the experience they do in other types of cases.

When you are choosing a lawyer, you should look for someone who is experienced in the area you need. Look for a proven record of success, and a reputation for winning or arguing new angles and avenues of defence. Do not be afraid to ask potential lawyers questions about the area of law you are dealing with to see how they answer. A lawyer with the right amount of experience for you will be able to answer you questions clearly and succinctly.

Fit
At the end of the day, you want to be comfortable with the lawyer you have. When you speak with them on the phone or in their office initially, you want someone you feel you can trust. You want someone who puts your mind at ease and makes you feel as though your case is something they can handle. This isn’t to say you should want to be your lawyer’s friend. Trust me, you do not want to have your friend be your lawyer or your lawyer be your friend. But your lawyer should make you feel comfortable with your decision to hire them.

Your lawyer is going to be the person who will be arguing your case in court, and making sure your version of events is properly heard. You need to be able to trust that they will do that for you. There is a lot to be said for someone who just makes you feel comfortable with the process. Trust your brain and trust your gut and you will find the right lawyer for your criminal case.

Simply put, defending an Immediate Roadside Prohibition isn’t just about presenting my client’s version of events and hoping the adjudicator makes the right decision. There is so much more that goes into defending an IRP.

Knowing the Law
A huge aspect of defending clients who are facing long driving prohibitions comes down to knowing the law. This is why people hire lawyers in the first place — because they want someone who has extensive experience in a particular area and is best equipped to handle their case. When I defend clients facing Immediate Roadside Prohibitions, in every single case, I don’t just present their version of events. My submissions contain a comprehensive breakdown of all the applicable case law, and how it relates to their cases.

Part of knowing the law is knowing the cases that work for and against my clients. Just because a person lost their IRP appeal in BC Supreme Court, doesn’t mean that the decision should be disregarded. I have attributed a great deal of my success to the fact that I am able to glean the legal principles from the cases, and apply them even when the outcome has not been favourable.

One of the reasons I know the law is because I have been fighting these cases not just before the tribunal, but also in BC Supreme Court. Some of my successful decisions have resulted a complete change in practice and procedure at RoadSafetyBC.

Knowing the Machinery
One benefit that I have, that my clients often do not, is that I know the machinery. Not only have I operated and used an Alco-Sensor IV DWF on numerous occasions, but I have also read the manufacturer’s manual, the RCMP manual, and the calibration manuals. I have calibrated and checked the calibration of these devices using both types of alcohol standard. I have an Alco-Sensor IV and an Alco-Sensor FST in my office. I’ve even been certified in the calibration and operation of the Alco-Sensor FST by the manufacturer.

Because I have access to the equipment and the information about the equipment, I am able to discern easily from police records whether the breathalyzers were properly operated or functioning properly at the time of the test. There are so many nuances in the operation and maintenance of these devices that can be overlooked by people without a trained eye. Knowing the breathalyzer is a significant contributing factor to my successes in IRP DUI cases.

Never Giving Up
In truth, this is probably as much a personality flaw as it is a benefit to my clients. When something matters to me, I will fight to the bitter end. When it comes to defending Immediate Roadside Prohibitions, I never give up. Anytime there is a change in the law that benefits my clients, I will spend evenings and weekends in the office, pulling files, contacting clients, and making supplemental submissions to the RoadSafetyBC tribunal or the Attorney General. It is not uncommon for me to fax submissions to the Superintendent of Motor Vehicles over the weekend, until their fax machine runs out of memory and paper.

If you receive an Immediate Roadside Prohibition, you need a lawyer who knows the law, knows the machinery, and never gives up. I cannot promise that I will win your case, but I can promise that I am all those things.