What is Common Law and Why is it Relevant?
In the context of the Commonwealth countries, and other jurisdictions that have common law legal systems, "common law" refers to a body of case law and judicial interpretation that has evolved over centuries. Common law is a system whereby decisions made by courts set precedents for similar future cases, creating a consistent approach to the law. The purpose of common law is to provide predictability and stability in the application of justice, as well as allowing judges to adapt the law to suit changing social conditions.
The origins of common law can be traced back to the Norman Conquest of England in 1066. After the conquest, a system of royal justice was implemented to enforce the laws of the land. This included a significant amount of common law, which was based on custom and usage . Common law developed over time as judges began to establish precedents and adopt consistent rules and principles based on their decisions. One famous precept of common law is that "stare decisis et non quieta movere" meaning "to stand by things decided, and not to disturb settled matters."
As the British Empire expanded during the 19th and 20th centuries, countries such as Canada, Australia, and New Zealand embraced common law as the basis for their legal systems. Today, common law is an essential aspect of the legal systems in many Commonwealth nations and several U.S. states.
Common law lawyers are essential in assisting clients in navigating legal issues and ensuring that legal rights are protected. They are trained to research, analyze, and interpret the law and are vital in providing legal advice and representation in litigation and transactions.
What Kind of Cases do Common Law Lawyers Work on?
Common law lawyers typically handle actions that encompass the law of torts, contracts and family law.
Tort Litigation
Tort claims are used to recover damages for injuries caused by unlawful conduct or behavior of another individual. Common torts can include negligence, battery, assault, conversion, trespass to land and trespass to chattels (personal property).
Contract Actions
Contract claims (or contract actions) arise when a binding agreement is not fulfilled by the breach of one of the parties.
Family Law Actions
Family law cases involve such claims as divorce, child custody and visitation rights, child support, spousal support, adoption and termination of parental rights.
Advantages of Hiring a Local Common Law Attorney
When searching for a lawyer who specializes in this field, it’s important to think about hiring a lawyer who is in your area or local to your city, town, or location. This can help you both with ease of access to a lawyer that you need to work with and anything else during the legal process. Even if the case may take you all over, regardless of the type of legal field you are looking for a lawyer in, finding one who is in your area can be beneficial to you.
One of the significant benefits of having a local practice that specializes in common law is that they will have knowledge of previous cases that occurred if you need to go to trial in a specific area. With this, the attorneys can show you how the court system works in your jurisdiction. Because there is no federal common law, it is also essential to find a local lawyer who can explain the law and its application to you properly.
Accessibility is essential when you are going through the legal process; whether it’s litigation or preparing a will, you want a local lawyer who will be able to see you quickly and make the process a lot easier for you. When you hire a common law attorney, he is located near you; you will have better access to your lawyer, and the work that is required to be done can be completed without the need to travel out of your state.
Just as it is easy to work with a local lawyer, it is much more difficult when you have to work remotely with a lawyer. When you have a local lawyer, you don’t have to worry about the long distance and fees; it can be a lot harder to discuss things because you can’t meet face-to-face, in addition to the travel and communications costs. By hiring a local lawyer, you can avoid most of these problems and avoid paying some additional fees that may not be necessary.
How to Select an Expert Common Law Attorney
Considerations when choosing a common law lawyer
In the last section, we discussed our second guideline – the search for the best common law lawyers near you. As part of that search, it’s important to know what criteria you should consider when selecting your lawyer for your common law matter.
Experience: This is a given. Lawyers should be familiar with the common law area you are engaging them for. Whether it’s family law, criminal law or tort law, each has its own nuances that only variety and depth of experience can teach over time – there is no substitute for this. Be wary of any lawyers that are offering multiple disciplines under one roof. While specialization is not an absolute necessity, you may be better off with someone who focuses on one area of practice rather than many, despite the fact that they are all ‘under one umbrella’ as is advertized.
Specialization: This goes hand in hand with experience. Does your lawyer have demonstrable experience successfully handling cases like yours? This is often digested by way of client reviews and testimonials, which we will be discussing next.
Client Reviews & Testimonials: When it comes to choosing the best common law lawyers, be sure to see if your potential legal advisor has reviews online . These are your ‘individual’ experiences with a particular lawyer. Does that lawyer take the time to meet with you regarding your concerns about your case? Do they come back to you quickly with any updates, or do days go by without hearing from them? Are they available by phone or text when you need them, or do they say they will get back to you later? Lawyers who value their clients make a concerted and consistent effort to ensure they are responsive to their needs during the course of a matter.
Consultation: Be sure to find out if your lawyer offers free consultations. Truth be told, there is a wide range of costs associated with a consultation for a common law matter. Our firm, like many others, provides free consultations for those considering hiring us. It allows us the opportunity to speak with you regarding your particular matter and for you to ask us any questions you may have. You should leave the initial consultation with a clear idea of which legal strategy is appropriate in your case moving forward.
A good common law lawyer should be able and willing to answer these questions, be honest about your chances of success in your case, and be upfront about all current and future fees.
What to Inquire of Your Common Law Solicitor
When seeking legal representation, it is important to ask the right questions in order to ensure that the potential lawyer is a good fit for your needs. Some of these questions are best asked during your initial consultation or case evaluation. When you are sorting through potential common law lawyers, ask questions about their level of experience and strategy. Consider asking the potential lawyer:
— What is your experience representing clients in common law actions? What is your success rate?
— How do you plan to approach or strategize my case? How will you keep me updated on the status of my case?
— What file management system do you use? How can I access my file?
— What if there is an issue with my insurance company?
— Do you use paralegals and/or contract lawyers?
Another area you want to cover is fees. If you do not ask these questions upfront, you can be in store for an unpleasant surprise later on in your case. Ask the potential lawyer:
— What is your fee structure?
— When will you be billing me? Monthly or at specific intervals?
— Do I need to pay the retainer up front?
— Tell me about your billing procedures.
— How do I leave the law firm if I have issues?
— What happens to my case if there is a personal crisis and I have no money for fees?
— What is the payment process for more money once I have used the retainer?
How Has Technology Impacted the Practice of Common Law
As the COVID-19 pandemic has shown, modern lawyers must be where their clients are. Increasingly, this means on social media or through online platforms. Smart Phones hold up to 256 GB of data which allows lawyers to access any file they need at any time from virtually anywhere. Cloud-based platforms such as Dropbox or G Suite allow for data storage and virtually limitless collaboration. Virtual legal assistants with affordable rates can offer flexibility to help deliver high-quality customer service and plan around the busy schedules of lawyers. E-discovery platforms quickly organize thousands of documents in a case to help legal professionals look for key terms and retrieve emails and documents in a matter of seconds.
Of course , streamlining communications is also key in finding and delivering the best common law representation. Video conferencing tools like Zoom or Webex allow for free calls over Wi-Fi that are encrypted from end to end. There is a growing list of options to choose from when it comes to locating a good lawyer platform.