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

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/

Most Viewed Canadian Lawyers in Canada for the Week ending June 26

1. Lorne Fine, Toronto Lawyers, Toronto Family Lawyers
2. David J. Rotfleish, Toronto Lawyers, Toronto Business Lawyer, Toronto Tax Lawyer
3. Kerry Joan Lee, Owen sound Lawyers, Owen sound Family Lawyer
4. Dante Capannelli, Toronto Lawyers, Toronto Business Lawyers
5. Kavita V. Bhagat, Brampton Lawyers, Brampton Family Lawyers

Like most insurance policies, motor vehicle accident (MVA) insurance is something you “have”, but tend not to investigate until you need it. Policies vary in coverage and amounts paid should an accident occur. Although no policy is complete, anyone injured in a MVA is entitled to certain benefits no matter who was at fault.

Under the Canadian No-fault law, car accident victims are allowed to sue the other party for damages in addition to the insurance settlement. Insurance companies pay benefits out according to the Statutory Accident Benefits Schedule (SABS), but these payments may not be enough to remedy expenses in a fault MVA. In the rare case that neither party has insurance, the Motor Vehicle Accident Claims Fund takes care of the injured party’s expenses.

Expenses covered are:

• Loss of Income. If injuries sustained from the accident prevented you from working at your job, the income lost during the recovery period may be reimbursed. Under the Insurance Act, parties are eligible for up to 80% of their net income from accident to trial and up to 100% gross income loss after trial.
• Medical Expenses. Any medical costs incurred. This includes rehabilitation.
• Attendant Care Expenses. After being injured and then released from the hospital, you may require the help of a nurse or other professional. MVA payments cover this.
• Additional Expenses. Expenses relating to the treatment of injuries sustained during an MVA such as travel costs, any prescribed apparatus, and other costs incurred because of the injuries.

Consulting with your lawyer after an accident is the best way to figure out what you are entitled too. The means of tabulating damages can be complicated and an experienced Canadian lawyer will have a good idea of what settlement you deserve. They will guide you on what to do if your insurance company wants a statement or the other party’s insurance company wants to talk with you among other issues.

It is best to be proactive about your MVA insurance policy. Before an accident occurs, find a lawyer to discuss what is and is not covered and what coverage would be best for you. A little preparation goes a long way and a simple consultation can help ease the mind over one’s safety if an accident ever does occur.

For more information on Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and previous, real examples of cases related to your car accident situation you might be facing , visit www.lawyerahead.ca

Most Viewed Canadian Lawyers for the Week ending June 15

1. Brian Galbriath, Barrie Lawyers, Barrie Family Lawyers
2. Lorne Fine, Toronto Lawyers, Toronto Family Lawyers
3. Christopher Hicks, Toronto Lawyers, Toronto Criminal Lawyers
4. Alisa Williams, Hamilton Lawyers, Hamilton Family Lawyers
5. Rose Keith, Vancouver Lawyers, Vancouver Personal Injury Lawyers

Stay tuned for next week’s most viewed lawyers coming your way!

One of the appeals of franchising is the added security provided by the law of large numbers. Meaning that in the case a few branches begin to struggle, the ‘body’ of the business will survive. With many proven successes, franchisors grow to enormous size and with it their purchasing power and brand recognition. This, however, does not make the franchisor impervious to crippling class action lawsuits or other actions that can lead to bankruptcy.

Looking at previous cases where franchisors filed for bankruptcy protection provides a glimpse of what franchisees may face. Recently, Bennigans filed for chapter 7 bankruptcy, ceasing all operations and liquefying its assets. What followed was the closing of all corporate-owned stores and a pool of franchisees with bewildered looks on their face. Franchisees took to advertising that yes, they were still open despite their franchisor’s bankruptcy. Fortunately for them suppliers upheld their side of contracts and continued to provide stores with much needed supplies.

Another consideration is that although a franchisor cannot pay their bills it does not mean the business itself is not profitable. Continuing with Bennigans, following their bankruptcy, they were snapped up by Atalaya Capital Management. Helped by CRG Partners, well renowned turnaround experts, Atalaya set up a framework to deal with whatever issues the remaining Bennigans franchises faced. Being that Atalaya was a senior lender to S&A Restaurant Corp (bankruptcy-filing owners of Bennigans) and used their position to vote for liquidation, the whole ordeal is a bit murky. More on the Bennigans story.

The principle one can take away from this though is that more than naught, some other, more financially sound company will take over. This held true during 2007-08 when many faltering banks were acquired by others. Bluemaumau.org provides a list of various franchisor bankruptcies and a brief synopsis of what occurred afterwards. Notable names on the list are Boston Market, 7-11, Denny’s, Sizzler and Days Inn.

As you can see when franchisors go bankrupt, it does not necessarily mean it is the end of the road. Many times a bloated conglomerate is forced to realize they must restructure to survive and use bankruptcy as a tool to streamline or update their models. Other times, franchisees have taken over the reins to successfully reinvent themselves and remain competitive. The period immediately following a filing may create panic or confusion, but long-term, bankruptcy does not eviscerate a franchisees ability to survive.

For information on Toronto Lawyers, Vancouver Lawyers, and Canadian Lawyers, visit http://www.lawyerahead.ca/. Canada’s #1 most comprehensive online profiles of lawyers.

A resident of New York and his lawyer filed a claim against Match.com for deceptive marketing practices. Seann McGinn is seeking damages for the pain caused by the responses he did not get.

So how does this make sense? McGinn argues that since Match.com allows users to create profiles for free, chock full of enticing pictures and descriptions of things such as hobbies or favorite foods, but does not allow these frugal users to contact or reply to any paying users communications, that many people are feeling the heartache of rejection when they really shouldn’t be.

According to Reuters, the suit states, “”Because the writer has no way of knowing this, he or she may experience profound personal anguish, suffering which is easily preventable by Match.”

The case has a flavoring of dismissability to it, yet it is kind of a novel idea. Do internet-dating sites have a duty of care to provide clients with profile indicators? A simple addition to their already robust websites seems a trifle bit less than too much to ask for. For instance, those users who have yet to pay their dues could have tiny Yield signs next to their profile pictures, whereas paying members would have a smiley emote next to theirs. This would clear up any confusion and gratuitous rejection (I assume members get enough already). It would be nice to know if debbie47 was blowing you off or simply too fiscally reserved to purchase the monthly membership.

Many have experienced the cold shower that is rejection. To dismiss Mr. McGinn’s claims outright would not do him and many others justice. After doing a bit of research by getting my own Match.com account, it is obvious that one thing they are good at is refining searches. What harm would one more checkbox filter pose? Side note: perhaps another filter for user ids would be appropriate. After selecting that I was interested in meeting women 60-100, Match.com still allowed the id ‘seniorabuser’ to be created.

Lawyerahead.ca on the other hand does an excellent job matching you with a lawyer.  For more information on Toronto lawyers, Vancouver Lawyers, or any other Canadian Lawyers visit http://www.lawyerahead.ca/ 

Employers can be fickle. Workers can be terminated for silly reasons while others (who rightly should be let go) keep their jobs forever. Wrongful dismissal is defined as “being fired from a job without an adequate reason or without any reason whatsoever.”

The difference between dismissal without cause (which can be appropriate) and wrongful dismissal is usually a notice of termination. The preceding notice must be given within the appropriate timeframe dependant on how long the employee has been with the company, contract stipulations, if the employer acted in bad faith and other factors, but if done correctly, is considered dismissal without cause and not wrongful dismissal. Situations may require the employer to terminate the employee based on poor performance, corporate restructuring or other reasons. Wrongful dismissal requires that the employer forewent giving notice within the appropriate timeframe or the reasons for dismissal were egregious.

Like dismissal without cause, employers may also have ‘just cause’ to dismiss an employee. In these circumstances, employers can prove that whatever infraction the employee committed was severe enough to justify immediate dismissal without or with limited notice. The definition of just cause is malleable and the courts use a variety of factors (seniority, severity, etc) when determining it.

A constructive dismissal is a subset of wrongful dismissal that does not involve an actual termination. In these cases, an employee is, in essence given an ultimatum between choosing something unsavory or quitting. Examples include a large decrease in pay or hours, change in job responsibilities and forced relocation. The employment contracts and specific circumstances surrounding the case play a large role in indicating as to whether or not an employee was constructively dismissed.

The easiest way to pursue a claim against an employer is to file an employment standards claim. These claims are capped at $10,000 but are less of a hassle than a civil suit. This option is more viable for those terminated from low-salary positions. Note that once a claim has been filed, civil action is out of the question.

For any amount over $10,000, an employee with his or her lawyer must bring a civil suit against their former employer. There is no cap on how much an employee can recover, but they must be able to prove that 1. They were wrongfully dismissed 2. They have made adequate steps towards getting a new job (mitigate damages). This does not mean a chemist must accept a position as a high school janitor while they await a hearing to mitigate damages. Employees have a right to refuse work they feel ‘is not in their own best interest’ or is not of the same caliber as their previous position, but they must actively look for new employment.

For more information on finding a lawyer, wrongful dismissal lawyers, Toronto Lawyers, Vancouver Lawyers or Lawyers particular to your area visit www.lawyerahead.ca

Most Viewed Canadian Lawyers for the Week of June 01, 2009

1.  Lorne Fine, Toronto Lawyer, Toronto Family Lawyer

2.  Anna Perry, Vancouver Lawyer, Vancouver Family Lawyer, Vancouver Real Estate Lawyer

3.  Norman F. Williams, Hamilton Lawyer, Hamilton Criminal Lawyer

4.  Graydon Sheppard, Hamilton Lawyer, Hamilton Personal Injury Lawyer

5.  Paul Pellman, Toronto Lawyer, Toronto Family Lawyer

Stay tuned for the next week’s most viewed lawyer edition!

A Toronto woman convicted of growing marijuana in her suburban home is a breath of fresh air for Ottawa police. The court sentenced Trang Nguyen, the homeowner, to nine months in jail and sentenced the “gardener” to a year.

This is the first Ottawa conviction of an absentee homeowner with a marijuana cultivation operating out of their home. This tactic, used by organized crime, of separating homeowners from the illegal activities going on in their homes is a way of distancing the owners and making the drug problem that much more difficult to quell.

Staff Sgt. Pete Gauthier, of the Ottawa police drug unit stated, “This was a first.” Continuing with, “We haven’t been able to do that in the past, because the person doesn’t go to the house.”

Ottawa police Chief Vern White

The police hope the courts ruling will send a message to other grow operations in the area.

In April, the Supreme Court of Canada refused to hear a case regarding the cultivation of marijuana. As it stood, Health Canada received its crop from a mine in Manitoba and limited commercial growers to one patient at a time. Authorized patients are allowed to grow their own “medicine” as well.

Times change and it appears that marijuana may soon become more socially accepted. A recent field poll reports 56% of Californians favor legalizing marijuana for recreational use. This includes non-medicinal sales that they project will generate $1.2 billion in direct tax revenue for the state. Unfortunately for them, to tax marijuana, it must be federally legal, which many agree, may never happen or if it does, will not happen for quite awhile.

Hypotheticals aside, the Crown scored a victory with this decision. After hearing the news, police remarked that now they will focus more attention on catching absentee homeowners with grow-ops and bringing them to justice. Whatever justice that may be at the time.

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