The Initial Consultation: What to Bring With You
If you are about to see a lawyer for a free initial consultation you will want to get the most out of the interaction. You should consider what documents will be important for the lawyer to review in your particular case. The documents may be different depending on whether the case is a motor vehicle accident case, a long term disability case or another type of case.
Too often people come to see a lawyer without thinking through what they should bring with them. Perhaps they feel that there will not be enough time to review documents or that this can be done later. Lawyers, however, are accustomed to reviewing large amounts of paperwork to evaluate a file and generally it is best to err on the side of bringing too much paper than not enough. To lawyers the documents tell the story. If a particular document is not relevant or unimportant, the lawyer can quickly set it aside and focus on what is important to your case. Your lawyer will use the documents to fill in the gaps in what you are telling them.
Where all the documents are not available, sometime that can lead to an incomplete picture of the case, and this can lead to delays. This does not mean that you should put off seeing a lawyer while you request documents from other parties. Most of the time the lawyer will write for documents after they are retained.
In almost all cases, the most important that you see a lawyer promptly. You should however try to bring what you can, so that the lawyer can get a good understanding of the case right from the beginning. In other words don’t delay seeing a lawyer until the documents are available but bring everything that you have.
Make it stand out
Whatever it is, the way you tell your story online can make all the difference.
Here are 10 Things you should bring with you. Or better yet, send in advance of you initial consultation with a lawyer:
1. Your ID
The Law Society of Ontario requires that we check your government issued identification and confirm your identity before we act for you. You can expect we will ask for your ID at the initial consultation. We will usually ask for your OHIP card as well as we may need to write for medical records.
2. A Police Report or Incident Report
If you are meeting a lawyer about a motor vehicle accident, try to bring the police report. In Ontario you might only be given the short form report, but this will at least provide the name and particulars of the drivers and owners of the involved vehicles and their insurance information.
3. Photographs and Videos
A picture can truly be worth a thousand words. Pictures of a motor vehicle accident scene, the damage to vehicles, of the conditions present at the time of a slip and fall or trip and fall accident can help inform the lawyer as well as prove your case. Have dashcam video of the accident? Your lawyer will want to see it. Your slip and fall caught on a surveillance video? Bring it! Pictures of your footwear in a slip and fall or trip and fall case are also useful. (Your lawyer will probably advise you to preserve your footwear.) Don’t forget that the lawyer will be considering both liability and damages so pictures of injuries are important too.
4. Your Policy of Insurance
In Ontario there is a standard form Motor vehicle liability policy. However, the lawyer will want to see your Certificate of Insurance to see whether you have purchased optional accident benefits and to check the third party liability limits. In many motor vehicle accident cases you may be bringing a claim against your own insurer for unidentified motorist coverage, uninsured motorist coverage or under the family protection endorsement.
In a long term disability case, the policy is key. LTD cases are after all contract cases and while many contracts are similar, they are not identical and careful consideration of the wording that applies to your case is essential.
5. All Correspondence or Letters Sent and Received
The correspondence usually gets to the heart of the issues. It often sets out the parties’ positions. It also contains the players’ names, positions and contact information as well as other important information such as policy numbers, claims numbers and dates.
6. Medical Reports
Consultation reports from a specialist to your family doctor can set out your condition succinctly. Expert reports done for your insurance company will usually provide a summary of their review of your medical file and more often then not form the basis for the insurer’s position with respect to your benefits.
7. A List of Your Medical Doctors
One of the first things that a lawyer will want to do if retained is write for your medical records. Having a list of your doctors with the correct spelling of their names is very helpful.
8. A List of your Medications and Pharmacies
Medications are often difficult to remember, pronounce and spell. A simple list of your prescriptions is a time saver.
9. A Chronology of Facts.
Dates are very important. Sometimes it becomes difficult to remember or recount what happened when, particularly in complex cases or ones with a lengthy medical history.
10. Documentation of your Collateral Benefits
Determining what benefits or damages you may be entitled to requires consideration of what credits can be claimed by your insurer or the defendant. If you have group coverage for medical expenses, are on CPPD or other weekly benefits your lawyer will want the details.
Conclusion
This list is not exhaustive and there are likely many other documents you should consider. The important thing to think about what materials might be important to a consideration of either liability for an accident or under a contract and damages or entitlements.
Don’t delay or put off seeing a lawyer in order to gather these documents, but see if you can bring them with you, or even better, send them to your lawyer in advance of your meeting.