Unbelievably enough, some people do not have a lawyer on speed dial. For whatever reason, they do not have an attorney retained even though they could be sued or arrested at any moment. Most of us non-celebrity or non-executives have to admit that this sounds familiar. So when should you call a lawyer? Before or after the breathalyzer?

Arrests. Contacting an attorney should be done before an arrest if possible. Depending upon the circumstances, one might be aware the police have a warrant for their arrest. An example would be being taken in for questioning where the police subtly mention that if you confess they will cut you a deal. That is an indicator it is time to call a lawyer. If the police end up releasing you and then charging you later, your lawyer can arrange a time and date for your surrender in lieu of being forcibly taken from your home late at night.

Subpoenas. Many professionals receive subpoenas for records or to testify in concordance with a case. Subpoenas tend to be straightforward, but occasionally lawyers try to get medical records or irrelevant data during fishing expeditions. There have been instances where a doctor, subpoenaed for records, released the records and was later sued for breaching confidentiality. Even though it is legal for a lawyer to serve a subpoena sometimes, it may not be legal for you to fulfill what it requests. This is why it is important to call a lawyer right after you receive a subpoena. They can better explain what the request is for, how binding it is and the implications.

Injuries. After sustaining a life-changing injury, contacting an attorney is the last thing on your mind. After a car crash, you will probably be more interested in treatment. Saying that, get in touch with a lawyer posthaste. If the injury was due to negligence or an intentional wrong, albeit a MVA, defamation, or slip-and-fall the sooner you present your side of the story to a lawyer, the better. Better, because the incident is fresh in your mind, witnesses are easier to contact, and there is no worries of a statute of limitation default dismissal.

In general, it is good to contact a lawyer as early as possible if you need to use the courts or need representation for a case. The earlier you make contact, the more preparation time your attorney will have.

For more information on Lawyers, Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and Lawyers In Your Area, visit http://www.lawyerahead.ca/

Severance pay amounts vary depending on the length of employment before separation, contract stipulations, and on salary. The age and seniority of the terminated employee are definite factors as well when determining how much severance is owed. Being that the ultimate goal of termination pay and severance is to provide an employee time to find a different job, age plays a large role because it becomes more difficult the older you get.

Age and length of service increase the severance amount. In the case of a 59 yr old rabbi who was let go after 26 years of service, the court decided that even though his employer gave notice 9 months prior to termination, it was inadequate and required them to pay the rabbi the remainder of 30 months of severance. Because the rabbi never “intended to be employed for a limited term” and considered an indefinite term employee, he was eligible to receive severance pay. Contrasting this, another case found that a 29 year old store manager with five years of service was eligible for 5 months of severance pay, even though the circumstances surrounding his termination were… much less favorable than that of the rabbis (The store manager was falsely accused of sexual harassment).

According to Rizzo & Rizzo Shoes Ltd. (Re), employees are eligible for severance pay if the business they worked for goes bankrupt. Stating that, “former employees are entitled to make claims for termination pay (including vacation pay due thereon) and severance pay as unsecured creditors.” In this case, Rizzo Shoes went bankrupt suddenly and many employees were ‘economically dislocated’ because of it. Qualifying them as unsecured creditors allowed employees to pursue severance claims against Rizzo.

Eligibility aside, the amount of severance varies on a case-by-case basis. Consideration is given to the length of employment, age and chances of the terminated employee to procure new work, and the circumstances surrounding the dismissal. Judicial discretion plays a role as well.

Lawyer experienced with employment law will have a good idea of what severance pay you are entitled to.

Recent employment cases for lawyers:  seniority employment case, wrongful dismissal after 10 yrs of employment, wrongful dismissal human rights tribunal, illegal employment termination.

For more information on employment labour lawyers in Toronto, employment labour law firms in toronto, visit http://www.lawyerahead.ca    

Functionality of social media and connectivity are growing on the Internet. Many businesses are creating Twitter accounts and Facebook pages. Direct marketing and relationship marketing thrive with these forms of interactive tools. Another innovative technique lawyers are using to market their firm is Google profile and alerts. These may seem foreign but setup is a breeze.

Google Profile allows anyone to create a personal, searchable page on Google. Once an account is created (if you do not have one already with Google), you begin by entering in data about yourself or business into the form and any links you would like displayed. Google allows users to upload photos and contact information. Click the ‘create profile’ button and you are finished. Here is an example of a Miami firm’s profile.

Google Alerts keeps you updated on stories or people you are interested in. It works by allowing users to isolate key phrases or words they often search for and emailing or delivering via feed new results. For instance, a VP at Pampers may want up to date information about its competitor, Huggies. By creating a Google Alert for “Huggies”, they no longer have to dedicate time to searching for themselves. Google will email them any new developments posted on the web about Huggies.

Other applications for Google Alerts include monitoring what others are saying about your business (or you). By creating an Alert for your name, any occurrence of it in the press will immediately be mailed or show up on a Feed Reader.

To create a Google Alert, first login to your account and go here. Proceed to type in whatever search term(s) you desire. Google gives you the option to search only news, videos, blogs, groups or all of the above (comprehensive). This can be useful as a filtering mechanism. Next, they want to know how often you would like updates. The choices are once a day, as it happens or once a week. Finally, Google needs to know how you want this information sent to you- to either a Google account email or feed.

These two quick and useful tools go a long way to monitor and market. They are both extremely powerful and user-friendly. To get an account with Google and get started go here.

For more information on Canadian Lawyers, Lawyer Marketing, Law firm advertising visit http://www.lawyerahead.ca/

Much like working with an accountant, working with a lawyer is a collaborative venture. The more information you provide to your lawyer, the better they can perform in the courtroom. Simple, subtle little instances surrounding a case can change the whole landscape of how you can be defended. In civil suits, the seemingly mundane make or break some claims. Not necessarily if you plucked your eyebrows that morning, but other little things like the time of day, the atmosphere, and other details can affect a suit. Among those, here are some things you should know about working with a lawyer.

Their time is precious. Lawyers have caseloads. If they did not, they would probably go bankrupt. Be respectful of their time and the scheduled consultation appointments. If you cannot make one for whatever reason, politely call ahead and request a new time that would work out better for the both of you. Simple courtesy goes a long way.

If they ask, give it to them. Many times, a lawyer might need records or assorted documents for the case. They could be dead ends or they could be the details that add case-changing elements. Either way, if they ask for something, do your best to get it to them as quickly as possible. The longer they have to examine the files and decide their pertinence to the case, the better.

If they have not asked and it seems pressing, give that to them too. Lawyers are human and may forget to ask for something relating to the case that you feel “should be mentioned”. Why not mention them? Much like a doctor, who cannot read your mind about your knee pain, lawyers do not know “everything”. Waiting for them to ask about a related piece of info is counterproductive when you can just tell them and let them include or exclude it. If the information pertains to deviant or illegal behavior, remember your client/attorney privilege.

Follow their advice. Lawyers have copious amounts of experience in the courtroom, or at least more than you do (hopefully). At times, they may request that you dress or act a certain way during proceedings. Take their advice. Courtrooms are rich in procedure and appearances (the robes should give that away). The element of respect and dress code may be at a strange level inside the courtroom, but it should be followed. If your lawyer takes the time to ask you to do something in a specific way, take the time to follow their advice.

Finally, remember that they are working for you. This does not mean be a bossy jerk, more that the two of you are on the same team. You share the same goals. If the attorney offers you a plea deal or settlement, they are not trying to swindle you; they are presenting the option they feel is the best deal you are going to get. Hear them out. It may seem unreasonable and maybe it is, but most likely, the deal is fair and probably the outcome that would have happened anyway with a long trial. Heed their advice!

For more information on Lawyers, Toronto Lawyers, Vancouver Lawyers or any other Canadian Lawyers, you may visit http://www.lawyerahead.ca/

null

This ruling reverses the 2004 San Francisco Superior Court ruling in the case of Miller v. Bank of America where Judge Boulaine found in favor of Miller. She ordered Bank of America to pay damages of over a billion dollars to the over 1.1 million social security beneficiaries involved in the class action suit.

The events leading to the initial case in San Francisco and the state appeal happened over ten years ago. Bank of America (BOA) accidentally credited Mr. Miller’s bank account with $1,800. After realizing their error, they withdrew the amount, leaving Miller’s account in the red. They created a new account for his Social Security deposits (Miller is mentally disabled by the way) and then froze that account, using those funds to bring the original account up to zero- all without notifying the accountholder, Miller.

The original victory for the social security benefactors hinged on a 1974 decision by the California Supreme Court that forbid banks from deducting fees from government benefit accounts in order to recoup funds for separate, credit-card accounts.

In reference to the state court’s decision, spokesperson for Bank of America, Shirley Norton stated, “[BOA] has always acted lawfully in maintaining and balancing its customer accounts.”

Justice Carlos R. Moreno wrote,” Bank of America’s practice of recouping overdrafts and charging insufficient funds fees is permissible in light of the Legislature’s unequivocal statement … that overdrafts and bank charges are not debts,” this foregoes the restrictions laid out in the 1974 ruling.

For more information on Lawyers, Canadian Lawyers, Business Law Firms and Legal Services, Commercial Lawyers, visit http://www.lawyerahead.ca

Instead of straight release, many jurisdictions choose to release a prisoner on parole. In Ontario, any offender with a sentence of two years or less is under the authority of the Ontario Board of Parole (OBP). According to statistics on the OBP’s site, “over a two-year period after release, paroled offenders are far less likely to commit new offences than offenders who are released after serving their sentence in custody.” So apparently, paroling prisoners rather than releasing them after their time is served cuts down on future offenses. This could be because parolees are monitored as they adjust to life outside of prison, which can be a difficult task. So how does parole work?

Much like in the United States, parole works by keeping in touch with parolees through meetings and counseling (if necessary) for a set amount of time. In Ontario, the timeframe ranges from 3 to 16 months, with an average of 7 months. During this period, parolees have regularly scheduled meetings with their parole officers to discuss how they are doing, address any problems they are having, or bring up any issues that need attention. These might include out-of-province family emergencies, licensing issues (helping parolees get their license for work/school), job searches and the like. In some cases, parole officers may want parolees to take drug tests as a way of monitoring their activities and making sure they remain on a path to recovery.

The transition from convict to citizen can be a difficult process and it is the goal of a parole officer to help parolees during this period. Helping them find work, living arrangements, or financing for school all fall into this category. The process actually begins in prison with programs that “promote law-abiding lifestyles” for those soon to be conditionally released.

The Correctional Service of Canada (CSC) states that, “the law requires the release of offenders who have served two thirds of their sentence, but only if they are not considered dangerous.” Offenders can be released after a “thorough assessment” of what threats they pose to society. If the CSC deems a prisoner worthy, they are conditionally released.

Parole/conditional release affords offenders an opportunity to cut down on their punishment and help them get back on their feet. Although the conditions and limitations imposed by parole could, at times, seem arduous, one must agree that parole is still better than being locked up.

For more information on lawyers visit www.lawyerahead.ca

Recent criminal cases that may require parole: Fraud, Drug Possession,  Drunk Driving, Assault

Breach of contract happens quite often. Two or more parties enter into a good faith arrangement and during their relationship, one or more decide(s) for whatever non-legally valid reason not to hold up their end of the bargain. A few types of breaches are minor, material, fundamental and anticipatory.

Minor breaches occur when an inconsequential portion of a contract is broken. If a minor breach occurs, parties affected may still be bound to perform as they agreed according to the contract, but may be entitled to damages inflicted by the breach. An example of a minor breach would be a landscaper and homeowner entering into a contract where the homeowner wants top-of-the-line sprinklers installed. The landscaper ignores the request and installs second-tier sprinklers, which work just about as good and have the same 10-year warranty as the other system. After discovering this, the homeowner sues the landscaper to recover the difference in cost between the two systems. The breach is non-material because, in essence, the two products are the same (made from the same materials, same warranty, same performance), but still a breach occurred, because the contract stipulated the use of a specific brand.

A material breach refers to cases where one party acts in such a way that might require the other party to incur costs in an effort to rectify the situation. Using the same example as before, instead of installing the almost identical system, the contractor installs rusty, used sprinkler lines under the guise that they are top-of-the-line sprinklers. The system does not perform at all like it should and all the grass dies. Appalled by this, the homeowner takes the contractor to court for the costs associated with having the junk system removed, new sod planted and a suitable sprinkler system installed.

The above example borders on a fundamental breach of contract. Fundamental breaches are so serious, they allow victimized parties to not only sue for damages incurred, but to escape from performance. Using the same example, if the curious homeowner observed the landscaper shoving rusty old pipes into the lawn, he may consider it a fundamental breach, refuse to pay and sue for damages.

Another form of breach is an anticipatory breach. This happens when it is inevitable that a party cannot perform as they have promised, even though the nonperformance has not yet occurred. The homeowner’s bad day just got worse when he finds out that the landscaper he hired partied too hard last weekend and is in jail awaiting a bail hearing. Even though the job was set to start on Wednesday, the homeowner can safely assume the landscaper will not be able to hold up his end of the contract and may consider it a breach. The homeowner can terminate the contract and may consider taking the wayward contractor to court. Another example of anticipatory repudiation or breach occurs when the homeowner contracts with one landscaper to install the sprinkler system within a month. After two weeks of not hearing from the contractor, he pays his neighbor to install a system. Two days later, the landscaper shows up with all his supplies and workers only to find a system already installed. The landscaper may be able to sue the homeowner for breaching the contract because the homeowner made it impossible for him (the landscaper) to perform.

Find Lawyer by visiting www.lawyerahead.ca for your everyday legal matters.

Recent Breach of Contract cases in Canada:  Cargo Insurance Contract Breach,  Breach of Contract Liquor Licenses,  and Real Estate Contract Dispute

A trust is a device used to store assets and divvy them out under certain rules. Trusts contain any asset type a trustor (the person forming the trust, also referred to as grantor) chooses to put in it. Many trusts are setup with loved ones in mind, providing for them after the trustor passes on. Other trusts have charities as beneficiaries. Some have a mixture of both. Living and irrevocable trusts are two of the more common types and although they differ, the general principles for creating them are about the same.

Assets. Before creating a trust, it is important to know what the trust should contain. The trustor needs to make a list of what assets she owns and parse through to decide what the trust will eventually contain. Trust assets are under the control of the trustee or administrator of the trust so it is vital for a grantor to add only assets that they have no problem relinquishing control over. Even though a trustor can appoint herself trustee, it is important to choose wisely.

Professional help. There are sites that allow trustors to download the necessary documents needed to create a trust, but it would be a good idea to seek professional help. Even at the stage of listing his assets, a trustor may not have the experience or foresight that an estate lawyers do, which may come back to haunt him. A well-trained professional will know what to keep in and out of a trust, out of consideration for possible future events.

Trustee. Like the executor of an estate, trustees are in charge of administrating the assets and acting as an agent of the trust. This may include making sure beneficiaries receive monthly checks or the granting of scholarships to applicants- whatever the intent of the trust may be. One can appoint herself as trustee or in the case of a testamentary trust anyone (or any group) they so choose. After appointing a trustee, a successor should also be appointed in case the trustee dies or becomes unable to perform their duties.

Beneficiaries. Beneficiaries of the trust are heirs or those who benefit from trust assets. These heirs can be whomever the trustor chooses, albeit a charitable organization, business, friends or family members. Beneficiaries should be named specifically along with what they will receive.

Trusts yield many benefits, tax or otherwise. Setting one up may seem daunting, but it isn’t. With the assistance of an experienced lawyer and thoughtful decision-making on the part of the trustor, creating a trust is a relatively easy process.

For more information on Trusts, Canadian Lawyers, Find Lawyer, Toronto Lawyers and Vancouver Lawyers, and Estate Lawyers visit http://www.lawyerahead.ca/

If the death of a loved one isn’t enough to deal with already, many people face the hardship of a messy estate dispute. Some of the common situations that arise during disputes are lack of testamentary capacity, undue influence and intestacy.

Testamentary capacity refers to the will maker’s legal capacity to recognize what the will stipulates (what they’re signing). Meaning, that if, let’s say your grandfather signed a will during a bout with dementia, he may not know what he’s actually signing and the will would be invalid. Medical records and other evidences help validate these claims.

Undue influence is another unfortunate occurrence. In these cases a party manipulates the will maker into creating a will that favors the influencing party and isn’t in the will maker’s (or their family’s) best interest.

Duhaime.org cites Canadian author S. Waddams who poses two instances where undue influence occurs.

“The first is when the relationship between the contracting parties falls into an established category; a parent taking advantage of a child, a trustee of a beneficiary, a solicitor of a client, a priest of a penitent, a doctor of a patient. In these cases undue influence is said to be ‘presumed’ and a transaction - a gift or contract - will be set aside at the instance of the weaker party, unless the presumption is rebutted.

“In the second kind of case none of these special relationships exists, but it is still open to the weaker party to prove that the relationship between the parties was such that the stronger was enabled to take unfair advantage. This may be shown in either of two quite different ways: by actual pressure relating to the particular transaction, as in a case where the stronger party threatened to prosecute the weaker’s son, or by a general relationship of a trust between the parties of which the stronger party took advantage. It is plain that the undue influence umbrella covers two quite separate concerns, the first akin to duress - abuse of adversary power, the second akin to fiduciary duty - the abuse of trust.”

There is also the case of intestacy. There is a common misconception that the assets of intestates, people who die without a will (or a valid will), go to the government when in fact the living next-of-kin relatives receive these assets (in the case where no immediate relatives or next-of-kin can be found, the estate becomes the property of the Crown under the Escheats Act.)

Under the Succession Law Reform Act, dependants of either intestates or testates have a claim on the estate whether or not they are mentioned in the will. The act defines dependant as:

• the spouse of the deceased,
• a parent of the deceased,
• a child of the deceased, or
• a brother or sister of the deceased

For those dependants of the deceased that feel they were not properly provided for in the will, their lawyer will file an application with the appropriate agency for a hearing. At the hearing, the judge will determine what support is necessary and possibly suspend the administration of the estate until it is resolved.

Dependants or other beneficiaries who feel they’ve been disinherited should act immediately. Estate law can be time sensitive. If there are issues with the estate, you should contact a lawyer for a consultation and work to get the problems resolved as soon as possible.

To find a lawyer or for more information on Estate Litigation Lawyers, Toronto Lawyers, Vancouver Lawyers, and Canadian Lawyers in your area visit http://www.lawyerahead.ca

Lawyers interested in representing estate litigation legal matters can go here: Dispute Will, Undue influence and testimentary related disputes.