Lawyer

Do you bill by the hour, and would you bill a client for merely "thinking" about a case, even if you were out to dinner or something?

Asked by Rajai almost 12 years ago

I do bill by the hour on some matters.  I will also charge a flat rate, or take a percentage of whatever I recover.  I wouldn't charge a client for thinking about a case. I willl often prepare/rehearse my court submissions while getting ready in the morning.  I do charge for reading, research, travel, phone calls - anything that keeps me away from my family.  I wrote a blog on why lawyers cost so much here:

http://delaneys.ca/blog/?p=16

 

 

Do Canadian lawyers get really jealous of the salaries that US lawyers get paid? I have friends in big NYC law firms who were getting $150,000 straight out of law school. (No articling lol)

Asked by toots almost 12 years ago

I'm not envious at all, I really enjoy living and working in Canada.  I can't speak for anyone else, though.  

Here's something I never understood: don't professional ethics prohibit lawyers from lying? If so, how do they get away with telling lies in court to get their clients off? Or put another way: how can they defend a client they know is guilty?

Asked by Tandy almost 12 years ago

We are prohibited from lying.  Fraud is a lawyer's cardinal sin.  Lawyers manage trust accounts - we are fiduciaries as well as officers of the court.  We are devoted to the Rule of Law and the administration of justice.  Once a lawyer starts telling lies in court, he effectively ceases to be a lawyer - he has brought the administration of justice into disrepute and should willingly report himself to the Law Society to face a disciplinary panel.  

 

Your second question is a different matter entirely.  Some criminal defence counsel will want to know whether or not a client is guilty.  There are differing opinions on the matter.  If a lawyer knows that a client is guilty he is under an obligation to ensure that the client doesn't deliberately mislead the court.  There is specific onus with respect to the kind of evidence and oral testimony that can be entered.  It's my understanding that  a key feature of our criminal justice system involves the ever changing rules of evidence.  Charter issues arise often.  Incarceration of a fellow citizen is not a trifling matter and the Crown's onus is heavy.  To answer your question - even if I know a client is guilty I can argue the rules of evidence, procedural issues, make submissions on sentencing, and rehabilitation.  In my mind the Criminal Defence bar plays the most important role in our justice system - they uphold the rights of citizens against the government.  For many their freedom rests with their defence counsel.  There is a maxim - "Better thirteen guilty men go free than one innocent man be imprisoned unjustly."  The rules of evidence are the cornerstone of our freedom and defence bar will defend them whether the client is guilty or not.  It's due process, and the best we've got at the moment.  The one thing I can assure you of - the people working in that system work hard.  Their dedication and pure toughness are admired and the Criminal Defence bar is one of the most respected in the profession.  

If you know your opponent isn't as well-financed as your client, do you think it's a legitimate strategy to file motions so long as they're not frivolous to draw a case out, knowing that they'll be financially squeezed and want to settle?

Asked by BTRD almost 12 years ago

I felt that was a good strategy when I was less experienced.  I don't anymore.  Typically what happens is that the additional fees make it harder to resolve the conflict.  It drives you to court.  The judges shake their heads because they can see that you are effectively pouring gas on the fire and that can hurt your chances.  Nobody likes a bully. You then run the risk that the judge will rule in the other side's favour and award them costs - including all the costs that you racked up bringing your motions.

You could also lose one/more of the motions, increasing your litigation costs and prejudicing your chance of success down the line.   

Sometimes motions are necessary.  The object however, is to resolve the conflict in a manner that is fair and will leave the parties with some degree of understanding.  If you bully someone into a settlement position you run the risk of having a jaded person out there looking to settle the score...  that can lead to further conflict.  It's not a great play in my books.  

Are they making a big deal about the Trayvon Martin case in Canada, and what's your informed take on it from a legal perspective?

Asked by DrS almost 12 years ago

We get a lot of US television up here and so there certainly is some exposure. The case that Canadians are focusing on right now deals with a serial killer named Magnotta.  The legal culture in Canada is different than the US, however.  Our cases aren't sensationalized to the same extent.  Canadians on the whole are much less litigous that Americans.  Our court's judgements are significantly less than US courts as well.  Damage awards aren't nearly as high and there are a lot less lawyers.  Overall the legal culture is much more conservative north of the border.  That's how I see it, anyways. 

Will you take ANY case, or will you turn away clients if it's an area in which you don't have expertise?

Asked by dan79 almost 12 years ago

I would definately refuse to represent a client if I didn't feel comfortable in an area (there are many I am not familiar with.)  Typically I will try to find the person a lawyer who practices in that area.  If I can't find anyone I give them the number to the Lawyer Referral Service at the Law Society of Upper Canada (for people in Ontario..)

I'm interested in becoming a family law attorney, and I'm wondering what classes I should take in college besides the general ed?

Asked by christy526 almost 12 years ago

I would recommend psychology courses (including child psychology), tax, any kind of conflict resolution, marketing, basic accounting, social work classes, counselling... there are so many different facets, really.  Take a broad spectrum and try everything a little bit.  

The other thing I would recommend is start processing divorces on consent now.  Learn the procedure.  You could earn money on the side during school and start building a client base.  

Was there a lawyer you saw in real life, or in TV / Movies that inspired you to go into law?

Asked by Talia Green almost 12 years ago

I did enjoy some of the legal movies out there - A Few Good Men, the Rainmaker, and my personal favorite The Verdict with Paul Newman.  I wouldn't say they inspired me to go into law though.  I carefully chose my career.  My choice to go into law was because I wanted to be able to help people.  

Do you ever wish you did something different for a career, and if so: what?

Asked by Tran over 11 years ago

Sometimes I wish I had had kids younger.. maybe jumped straight into real estate as a twenty year old or something.  I find filmaking and real estate development facinating - I like the creativity in designing all the different moving parts.  To be honest though, I don't look back.  I look forward.  And if there was something different that I wanted to be doing, I'd be doing it.  Life is too short.  

How do you feel about a lawyer that has been canceling his court dates for years, on one client?

Asked by Michael over 11 years ago

It shouldn't really happen here.  After the third adjournment you can ask the judge to make the hearing "peremptory" - meaning that no further adjournments will be granted.  I do recall the wise words of a mentor in law school, however, who said "Delay is a powerful weapon."  

How did you become a lawyer. i am thinking of becoming one. how do i start. i am in 7th grade

Asked by Diego about 11 years ago

Diego the best thing that you can do right now is to help out in your community.  Ask you parents for help and get out there and start contributing.  Lawyers are almost always active in the community, and helping other is a great way to familiarize yourself with the issues being faced in your community. 

If my boyfriend has warrants out for his arrest (failure to show up to court for traffic tickets, and one for failure to show up to court for a protection order) can we go to court to get our marriage license and get married, or will he get arrested?

Asked by Mikayla over 8 years ago

I know you don't mention immigration but I'm hoping you might know.Do illegal immigrants once arrested get deported immediately or do the go to jail first?If the latter,can they pay a fine to avoid jail time?Thank you if you take the time to answer.

Asked by CuriousM almost 11 years ago

Need a letter for RIBC Compliance Dept. Falsely advised, then didn't invest the money as decided & didn't tell me, I didn't know that "cash" on my statement meant that savings account wasn't opened as said, gave me 3 months interest consolation.

Asked by Booby over 11 years ago

Writer here. How can the villain walk under the following circumstances?
1. He’s a VIP, sociopath, wealthy, smart, etc.
2. The remains of a missing child last seen with him are uncovered after 20 years. (Set in 2012/2013/2014 era; murder occurred late ‘80’s/early 90’s CT.) None of his DNA is found.(I checked with a forensic scientist to get that right.)
3. He convincingly used a smart trick to make scent dogs think she was taken from him at gunpoint and driven down the highway in a totally different place from the actual crime scene. (I did a lot of scent-dog research.)
4. The body is found when a woman he abused as a child tips the fbi off about the fact of and place of abuse, paired with video evidence that he actually abused her. Her testimony is the direct evidence. She is an outcast and loner whose own mother disparages her character. However, her testimony did lead to the body being found, and she was clearly not involved in the crime.
5. So there is very strong testimonial and logical evidence that he did it. How can he get off

Asked by Laurel about 4 years ago

do you know how to go about getting your prohibited firearms license in ontairo i know it is not available to the the average joe would i need to be or have been involved in the military or the police force

Asked by jaime leclair over 10 years ago

What would happen if a minor is caught with an adult that was shoplifting? Would the minor get in trouble if they were unaware of what was happening? (I'm studying law a bit and wanted to explore smaller situations. I know, the q seems specific haha)

Asked by AJ almost 6 years ago

What is the hardest case you have ever done?

Asked by Conner over 5 years ago

What does a typical day look like for you in this position?

Asked by rubi over 1 year ago

Hey man question for you. Why do women seem to always get the kids?

Asked by Ruth over 5 years ago

In a scenario where two lovers want to watch a movie together but their parents don't agree with their relationship, the 2 lovers find refuge in a parking lot somewhere to watch the movie on a tablet or laptop would this be considered loitering?

Asked by Travis over 7 years ago

I was married to a psychopath, who systematically dismantled the stability of my life (house, job) caused severe emotional damage (had to go on disability it was so bad). He was bankrupt when we met. He's now well off. Tort suit possible? SOL?

Asked by mcmjuly over 10 years ago

What makes a bushiness considered "public" and required to follow additional safety laws? Which places have to have exit signs?

Asked by 123 about 11 years ago

If I send my child to an after-school program with a lot of kids, what kinds of paper work must the place require me to fill out? Is that up to them?

Asked by 123 about 11 years ago

Did you Always get perfect grades throughout middle school and high school or did you have any problems with grades in the beginning +but then got better and better

Asked by Sila over 7 years ago