How to choose a criminal lawyer in Ontario
Start with the right to a lawyer
Anyone arrested or detained in Canada has the right to be told the reasons promptly, and to retain and instruct a lawyer without delay. The Charter also gives a person charged the right to be presumed innocent until proven guilty, and not to be denied reasonable bail without just cause. This guide covers what to check when choosing a criminal defence lawyer in Ontario. It is general information, not legal advice.
If you need help today
Duty counsel is a lawyer at the courthouse for that day. For people who qualify and have no lawyer, duty counsel can advise on rights, ask to delay a court date, act at a bail hearing and speak at sentencing.
Legal Aid Ontario may pay for a lawyer if a person qualifies and faces a charge that could mean jail on conviction, or is 12 to 17 and charged under the Youth Criminal Justice Act. A legal aid certificate pays a roster lawyer for the length of the case. Applications are online or by phone at 1-800-668-8258. Listings show whether a firm says it accepts legal aid.
Match the lawyer to the charge and the court
Every Criminal Code charge in Ontario starts in the Ontario Court of Justice, and about 95% are completed there. The Superior Court of Justice generally tries only the most serious offences, such as murder, sexual assault, robbery, firearm offences and drug trafficking, by a judge alone or with a jury.
Each listing has a grid of the kinds of work the firm's own website names: impaired driving, assault, domestic charges, sexual offences, drugs, theft and fraud, weapons, youth charges, bail hearings and appeals. "Yes" means the firm's site says so. "Not enough info" means it did not say either way, which is a reason to ask, not a mark against the firm. City pages also name the courthouses in each area with their addresses.
Read lawyer marketing with care
The Law Society of Ontario requires a lawyer's marketing to be true, accurate and verifiable. Its rules warn against suggesting one lawyer is better than others and against raising expectations. Only a lawyer the Law Society has certified may advertise as a specialist. A Certified Specialist has met its standards of experience and knowledge, including at least seven years of practice, and may use the letters C.S.
What to ask on the first call
Ask whether the lawyer takes this kind of charge and appears at the courthouse where it is scheduled. Ask who will appear in court on each date, whether the firm accepts a legal aid certificate, how fees are set and what they cover, and whether service in French is available if you need it. Be wary of any promise about how a case will end.
Check any lawyer's licence in the Law Society of Ontario's Lawyer and Paralegal Directory, and read the charge guides before the first call.