In Canada drunk driving or driving under the influence (DUI) is an act of operating or having care or control of a motor vehicle while under the influence of alcohol and/or drugs to the degree one’s mental and motor skills are impaired.  It is not only illegal in Canada, but is a criminal offence that is heavily punishable under the canadian laws.  DUI offences are very different from other driving and moving violations such as Careless Driving, Red Light Offences, Amber Light Offences, Expired License, Seat Belt, Speed Racing, Driving Under Suspension and so on.   While the Traffic and Moving violations rules are regulated by provincial legislation, DUI is a federal legislation that applies across Canada.  The Criminal Code of Canada has 2 distint sections that decribe the offences that directly address drinking and driving.  Note that a driver can be charged with both these officences at the same time.  See this case for example:  Impaired Driving Charges for both Section 253(1)a and 253(1)b.

Section 253(1)(a) makes it illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipment, while that person’s ability to operate is impaired by the alcohol, drugs, or a combination of the two (vessel is defined to include “a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine“).

Section 253(1)(b) makes it illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipement, while that person’s blood alcohol concentration (BAC) is in excess of 0.08 percent (representing 80 milligrams of alcohol in 100 millilitres of blood).

The conviction for drinking and driving will result in a criminal record (which will have serious influence on current and future employment along with travelling abroad).  If you are faced with a dui charge, a good lawyer will be able to help.  Lawyerahead.ca is the best free way to find a lawyer in Canada .   A person charged with DUI will most likely lose his license for a period of time also.  The rules and terms on license suspension and the return of driving priveleges depend on the case and on the provincial legislation.  In some cases the driver can even be sentenced to a jail term, even when no one was injuried.  Even after the return of the driving statuses, one can still expect to a numerous measures enforced measures enforced including the Interlock Ignition Device.  Interlock Ignition Device is a special device that blocks the vehicle until the driver provides a breath sample into it.  If the device registers the presence of any alcohol on the prospective driver`s breath, the car will not be started.  Needless to say that this device is expensive, cumbersome and even embarrassing.  It may seem that the measures against DUI are too strict, but once you take a look at the number of casualties and accidents that are caused by drunk drivers, it may put it into perspective for you. 

For more information on lawyers, toronto lawyers, vancouver lawyers and canadian lawyers, visit http://www.lawyerahead.ca/ 

In the common law tradition, guardian is a person who is chosen to make decisions for another person (usually named ward), who cannot make decisions for him or herself.  A guardian could either be appointed by the court or through a legal document such as a living will. These people take the responsibility to care for the ward and represent him or her for a certain period of time, caring only for the best interests of the ward. Generally the guardians are responsible for two types of decisions: personal and financial.

-          Personal type of decisions includes things like medical care, treatment and even education. Mostly these decisions must be made for minors, ill or disabled people;

-          Financial type of decisions includes management of finances and bank accounts, arrangement of purchase or purchasing items for the ward.

Guardianship usually gives the appointed guardian the power to make decisions only for a certain period of time (while the ward is incapable of doing so). If the ward is unable to make decisions due to mental or physical disability, disease, or addiction to alcohol or other drugs, the court will appoint a guardian. In cases of medical problems the state of the ward must be proven by two independent experts. Guardians are also appointed for minors (if the minor has no one to care for him or her) until he or she reaches a certain age.  

Usually a person who has ties to the ward is preferred as guardian -  this can include parents, relatives and spouse. Also the ward has the possibility to appoint the ward by a legal document (living will, power of attorney), if there is no documents the court will appoint a state employee or a private person (familiar with ward). When appointing a guardian the court considers numerous factors like character, history, physical capacity, and other relevant attributes. Such attributes as limited education or financial resources won’t be a problem for the possible guardian, instead the court pays attention to criminal record and medical and mental health of the possible ward. The selected guardian must be willing to perform the duties, make decisions for the ward and represent the best interests of the ward. The decision of the court usually depends mostly on the situation, so people who are interested in appointment of some specific ward need to think ahead and specify the guardian for certain situations in a legal document. If the appointed guardian failed to follow the courts orders, has not provided adequate care for the ward, is guilty of neglect (using the wards finances or the situation for the guardians benefit) or has no possibility to represent the ward and make decisions for the ward anymore – a new guardian (or a temporary guardian) will be appointed. Also a guardian can be removed if the court determines that the ward no longer needs the services of the guardian. When considering a guardian in a living will or a power of attorney, it is important to consider all the possible situations that can occur.    Visith Lawyerahead.ca for the most comprehrehensive online legal information.  In addition it is the best free way to find a lawyer in Canada.

Additional Wills Estates, Trusts Legal Information can be found here:

1. Estate Planning Legal Information
2. Probate Legal Information
3. Trusts and Estates Legal Information
4. Wills and Living Wills Law
5. Power of Attorney Legal Information
6. Estate Administration Legal information
7. Elder Law Legal Information
8. Estate Litigation Legal Information

How to Hire a Canadian Lawyer

Step One: finding a lawyer in the right area.

The right area here means both the right area of the law and the right area of the world. Where the case will be tried narrows your search to a particular location. Most attorneys stay within their own province, and even their own city when possible. Your question then becomes something like: “Who practices in the area of child custody disputes in Windsor?” Remember, the location may not be where you live, but where the matter will be tried in court.

If you are not sure what sort of lawyer you need (Real Estate or Tax?) you should ask an attorney in another, unrelated practice area to tell you. You can also check with the Canadian Bar Association, there are links to contact them and a FAQ.  Lawyerahead.ca has the most comprehensive profiles of Canadian Lawyers.  Alternatively, you can post your cases at lawyerahead.ca and have qualified lawyers contact you directly which in turn saves you the hassle of looking for a lawyer on your own.

Once you have decided on the area of law and the location, you are ready to narrow down your lawyer search.

Step Two: Look over public materials.

Most law firms either have websites or are peer reviewed at sites like Martindale.com or Lawyerahead.ca and you can view their presentations. At this stage, you are just gathering a few names (individuals and firms). You can find client comments at Martindale’s or Lawyerahead.ca as well as peer ratings (and rankings based on fees). This should give you some idea of how many attorneys are practicing that meet your location and expertise requirements.

Step Three: Interview.

Most firms offer an initial consultation, either by phone or in person. Here is where you have an opportunity to ask questions specific to your matter. Some questions to ask:

l What is your (or your firms) experience in this area of the law?

l What are the likely outcomes of my case and how long will it take to resolve?

l What are your rates and billing cycle?

l What is a reasonable estimate of how much this will cost overall, including expenses?

l Is it possible to save money by letting a junior or paralegal handle most of the case?

l What style do you think best fits my case - aggressive/passive, mediation/arbitration/trial?

Step Four: Final selection.

This is a final decision based on the impressions you received during your interview and what you found out about the firm in question. Who did you feel most comfortable with? Which office answered the phone quickly and seemed the most professional? Did their offices appear professionally run? What did other attorneys say about them? Did they answer your questions as completely as possible?

A word about costs. Attorney fees are not a good measuring stick. Hiring the least expensive isn’t always the best choice, nor is hiring the most expensive. Hire the best attorney you can within your budget - pay attention to fees, but pay more attention to the man or woman you are about to hire. A successful prosecution of your claim or a great defensive outcome is more important than a few dollars saved on a fee.

Word of mouth is a strong determinant in selecting a lawyer for some.  Like family physicians, a friend mentions the name of their much beloved doctor of 14 years and soon that doctor has a new set of patients.  In a sense, this applies to law, but more often than not, someone else’s attorney may not be the best representation for you.  Finding a suitable attorney is a process of understanding exactly what your legal needs are, seeking out an attorney who practices in these areas, and grilling them during a consultation to determine if they are your best choice.

            What do you need an attorney for anyway?  The law has many facets with different court systems set up to handle different types of cases.  A lawyer could plausibly have a footing in all forms of the law from contract to family, but it is highly doubtful that this sort of lawyer will have years of experience with each.  It is important before you go shopping for an attorney to isolate what kind of case you will be involved in.  Is this an effort to change the visitation arrangements with your children in Vancouver?  Vancouver Lawyers specializing in family law is best.  Do you need representation for a DUI charge in Toronto?  Toronto Lawyers specializing in criminal defense should handle this.  Once you have established your case type, it is time to go looking.

            There are many different ways to find lawyers.  Thanks to the Internet, you do not even have to leave your home.  Attorneys advertise their services on various websites like lawyerahead.ca and it has gotten to the point where it is a buyer’s market.  For any case type, there are quite a few qualified attorneys willing to handle it.  It boils down to a few resumes that stand out.  After you have a short list of lawyers worthy enough to represent you in court, set up consultations and see how they are in person.

            Consultations are two-way interviews.  The lawyer is determining whether they will take your case and you are deciding if they are good picks.  Solid experience is one thing, but nothing compares to sitting down face-to-face and seeing how a person handles themselves.  Are they congenial?  Do they seem preoccupied and disinterested in your case?  Having a list of thoughtful questions going in to a consultation will make the appointment more fruitful.  One should make a point to bring up the exciting topic of how much representation will cost, who exactly will be handling the case (will it be delegated), expected outcomes, and the timeframe from beginning to end.  If you are happy with their answers, you still have the choice to shop around.  Maybe the lawyer down the street will have similar experience expertise and mannerisms but charge $200 less.  Who knows?  Scheduling a handful of consultations ahead of time lets you flesh out your options a bit better and choose more wisely.

            After all that rigmarole, it is time to break out the checkbook and make a decision.  After all the vetting, the choice will sit well and the case will go smoothly.  The true test of course takes place in the courtroom and perhaps after favorable results, you might one day happily recommend your attorney to a friend.

Here are a list of recent cases on Lawyerahead.ca requiring legal representation from lawyers:

1. Writing a will
2. Speeding Ticket
3.  Work Place Accidents
4. Business Tax Arrears (business Income Tax)
5. Serious Motor Cycle Accident
6. Dog Bite
7. Possession of Marijuana
8. Spousal Support Review
9. Parternship Dissolves and Disputes
10. Impaired Driving / Drunk Driving
11. Common Law Separation
12. Sexual Harrassment
13. Common Law Prenuptual Agreements
14. Real Estate Litigations
15. Expired Reseller Agreements - Commercial Litigation
16. Adoptions
17. Private Adoption
18. Slip and Fall
19. Possession of a Controlled Substance
20. Search Warrants

Lawyer/Client Relationship

The relationship between a lawyer and client is best summed up by a synonym - a lawyer is an advocate. And an advocate is “a person who speaks or writes in support or defense of a person or cause.” Just as a physician is duty bound by their profession to protect and improve the physical health of their patient, so too is a lawyer bound to protect the legal health of a client.

The tradition of trust and service was important enough for even the Supreme Court to have stated, as far back as 1850,

“…There are few of the business relations of life involving a higher trust and confidence than that of attorney and client, or, generally speaking, one more honorably and faithfully discharged; few more anxiously guarded by the law, or governed by sterner principles of morality and justice; ”

The Lawyer’s obligations

Your lawyer is bound to represent you within the ethics of the profession and the strictures of the law. This means that without your consent (and in most cases insistence) they cannot act against your interests, and this extends to other cases they may take on as part of their practice. Some parameters attorneys must follow include:

·       Attorneys must be knowledgeable in the area of the law your case requires - it would be unethical for them to act without proper competence or without the ability to analyze the legal issues.

·       Your lawyer is required to follow your directions in how your case should be handled. He or she may present you with options and recommendations, but you have the final say.

·       Attorneys are forbidden to operate under a conflict of interest. They may not, for instance, represent both parties in a dispute.

·       Your lawyer must keep you informed as a legal matter progresses.

·       Any property in a lawyers custody must be kept separate from the lawyer’s own and must be surrendered when demanded.

·       Communications must be kept confidential - both by the attorney, their staff, and any others they hire. This obligation may at times be broken when ordered by a court for specific reasons.

Your lawyer is not required, and in fact is prohibited, from performing any illegal actions at your request.

The Client’s obligations

As a client, you are obliged to be honest and forthcoming with your attorney. Your communications are protected to allow you to fully reveal information, even embarrassing or culpable facts. Other obligations:

l  Being available to your attorney, both for simple communication and for legal proceedings you are required to attend. This means having good contact information and timely responses.

l  Cooperation. There may be legal reasons to do something you find onerous or simply inconvenient. Your lawyer will be handicapped if you argue and fight the help they offer. If you do not understand the purpose of some act or request - ask.

l  Payment. Clients are obligated to pay for the services they receive and should do so willingly. Attorneys will discuss rates and charges with you when requested, and clients should be comfortable with financial arrangements. However, your attorney is a professional who performs a service for a fee - a fee that should be paid.

For more information on Find Lawyer, Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and lawyers in your local area, visit www.lawyerahead.ca