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The
following questions and answers are intended to provide
you with basic information about retaining a lawyer. |
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| Q |
When
should I contact a lawyer? |
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| A |
We recommend that you
contact a lawyer in the following circumstances:
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You have been sued.
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You have been
charged with an offence.
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You have assets,
children, a spouse, but no will or you have a will but your
circumstances have changed.
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You are about to
embark upon a new business either by start-up or
purchase.
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You are interested in
selling a business or major asset.
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You are about to
acquire a substantial asset or assets by way of purchase or
lease.
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You are owed money
and are having trouble collecting it.
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You are asked to
personally guarantee another's debt.
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You are having
difficulties with your spouse, marital or common law, and a
separation is being contemplated.
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Generally you are
concerned about what legal rights you have in a certain area
or you want to enforce your legal rights.
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| Q |
What
should I look for in a lawyer? |
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| A |
You should retain a
lawyer or law
firm that can provide the services you require at a cost that
you can afford. The lawyer and client relationship is one of
trust. You should retain a lawyer that you can trust with
matters of importance to you. |
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| Q |
How
do lawyers determine how much to charge for their services? |
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| A |
Billing methods vary
depending on the nature of service provided. Some services are
provided on a fixed fee basis. Common examples include the
incorporation of a company or the sale of a house. Other
services, due to their variable nature, are not amenable to a
fixed fee. Examples include litigation and commercial
transactions. In these cases, fees will vary depending on
how complicated and lengthy the matter becomes. In these
cases often fees are calculated primarily based on the time spent in
respect of the services. Lawyers have hourly rates which are
applied to the time spent to arrive at a fee. Although time is
an important consideration, it is not exclusive. Other
considerations applicable to determining an appropriate fee
include: the results achieved; the complexity of the matter; the
urgency of the matter; and the demands of the client. The object
is to arrive at a reasonable fee that both the lawyer and the
client accept as fair. |
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| Q |
What
can I do if I need a lawyer but cannot afford one? |
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| A |
There are 3 agencies in
Calgary, Alberta, that may provide legal advice or
representation to those who need but cannot afford a lawyer:
Calgary Legal Guidance - (403)234-9266; Legal Aid Society of
Alberta (403)297-2260; Student Legal Assistance (403)220-6637 |
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| Q |
Do
I need a lawyer to represent me in Provincial Court, Civil
Claims Division (Small Claims)? |
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| A |
This level of court was
initially intended as a "peoples' court". The
procedure was simple and the law of evidence somewhat relaxed.
Over the years the Court has changed. It has a higher monetary
jurisdiction ($25,000.00) and a more elaborate procedure.
Lawyers are more common. If you represent yourself and the
other party has a lawyer, you could be at a distinct
disadvantage. Further, though you may succeed in getting
judgment at this level of court, collection of the judgment
could become a problem. Collection requires that the
judgment be filed at the Court of Queen's Bench. Thereafter,
collection proceeding are governed by the Court of Queen's Bench
procedure. This can be difficult to navigate without the
help of a lawyer. |
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| Q |
Why
should I hire a lawyer and not use a "paralegal"
organization? |
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| A |
Lawyers are trained
professionals. Typically they have attended university for a
minimum of 7 years; obtained at least a law degree in addition
to any other degree they have obtained; had at least one year of
training called "articles"; and passed rigorous
examinations to be licensed as lawyers - "called to the
bar". Members of paralegal organizations
("Consultants") on the other hand may have no
education; are not generally licensed; and need not submit to
training or examinations.
Lawyers are licensed and regulated. To maintain their license
they must abide by the law and by professional standards of
ethics and ability. Consultants generally are neither licensed
nor regulated.
Lawyers are insured for negligence and fraud. If a lawyer causes
you damages by negligent conduct or fails to account to you for
funds placed in his or her trust, insurance is available to
compensate you for your loss. Insurance is mandatory for all
practicing lawyers in most if not all Canadian
jurisdictions. Consultants generally do not have insurance
either for negligence or fraud. Consequently, if a
consultant causes you damages, or fails to account to you for
funds that you placed in his or her possession, you may never be able to obtain
compensation or recover your funds.
Consultants cannot represent you in the Court of
Queen's Bench (although they may appear as your agent at lower
court levels).
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