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Archive for April, 2010

Legal

April 30, 2010

Can a Person Go to the Small Claims Court Without a Lawyer?

Small Claims Court Without a LawyerCan a person go to the Ontario Small Claims Court without a lawyer? In Canada’s Small Claims Courts the public often will represent themselves in court.

In the OSSC, the monetary limit is $25,000. This means that individuals and business can sue each other and represent themselves in civil claims that involve amounts up until amounts of money less than $25,000.

Those who represent themselves are often successful because the Ontario Small Claims Court offers a simplified, less formal more affordable option to recover money that is owed to you.

- The Ontario Small Claims Court process involves one party filing and serving a Plaintiffs Claim upon another party.
- The party who is sued then has an opportunity to file a Defense.
- If they file a Defense the parties will attend a pre-trial or settlement conference with a judge where they will discuss the issues and try to come to some form of a settlement.
- If no settlement is reached, the matter will go to trial.

The only complicated part of the Ontario Small Claims process is figuring out which forms you will need to complete, how to complete them, how to file them etc…

Here are your options (listed most affordable, to least affordable):

1. Use an online service like Easy Court to create your forms online. This service offers an online, point and click tutorial and at the end all of the required forms are available, pre-populated and ready to be filed.
2. You can pay a paralegal to prepare and file your forms
3. You can try to do it yourself at the local Small Claims Court. We list this as the third most expensive option because it could involve time off work, paying for parking and more…
4. You can pay a lawyer.

No matter which you choose, the fact remains that you can represent yourself. If you think you have a complicated legal problem we always recommend that you seek legal advice.

Legal

April 25, 2010

The Law Is Complicated – It’s Best to Seek Professional Help If You’re Injured!

The Law Is ComplicatedLife can be very complicated; every day we’re likely going to be at the mercy of things happening which, a lot of the time, may be beyond our control. If anything happens to you, you need to be reassured that there’s going to be someone right there to help you, to give you the right sort of advice, and generally “know the game” if things grow beyond you being able to cope with them.

Heaven forbid, but sometimes you may be exposed to something which is rather beyond your being able to just carry on regardless. An incident that goes beyond the remit of simply getting up, shaking yourself off, and moving on. This is where the Law is available for you, and where you can be confident in finding someone who knows legal minefields inside out; the intricacies of this deep water. In these cases you may need a personal attorney.

It’s good and confidence-inspiring that you know you have access to people who are well-versed in navigating the nuts and bolts of a process that can serve you to great advantage, and save you much potential undue stress, such as car and truck accident lawsuits.

There are many day to day things that you do just on auto pilot – without thinking- things that people have been doing through the ages, without so much as a murmur. A lot of everyday things you undertake in your daily routine are things have had to be done with the knowledge that you may have to be subject to a risk of some kind or another. Driving to the grocery store, shopping at a home improvement store, or even cooking in your kitchen can all turn dangerous if the right precautions haven’t been taken by the right people.

Well, in days gone by, you had to get on and just do the job, but in today’s modern times, much of what you took for granted is likely to be covered by a “risk assessment” and you find yourself in the untoward position of being injured through no fault of your own, then personal injury lawyers are there to help you in times of need.

These specialist guys know the ropes. They will guide and steer you through all the hassles of complicated administration procedures; navigate the intricacies of law on your behalf. If you can get one recommended to you, all the better. If not, ask to see evidence of case histories.

Legal

April 20, 2010

Things to Note While Choosing a Bankruptcy Attorney

Bankruptcy AttorneyWhen you are considering filing for bankruptcy, it is advisable that you select a bankruptcy lawyer because they have the right skills and knowledge gathered over the years to provide you with the help you need. They also have the necessary resources that will be used in making the case stronger. Before you start looking for these lawyers, it is important that you carry out the necessary research as this will provide you with the necessary information to guide you in your selection. There are many places you can get these details starting with the legal professionals who will provide you with the names of some of the best bankruptcy attorneys.

You can also use the internet to learn about the various aspects of the law of bankruptcy. The information provided on the internet is quite expansive and you should ensure that you have read different articles so that you know more. Additionally you may opt to spend a day in a bankruptcy court as a way of finding out the types of attorneys who specialize in this type of law and also to find out how the court operates. It is also important that you visit the law offices of various lawyers as this will provide you with an insight on how they operate. You should check out the organization of the offices and consider how neat it is. Always ensure that you have hired a lawyer who is not only neat but also organized.

When you have looked around and have a shortlist of these lawyers it is important that you ask a lot of questions to get a better understanding of the lawyers operation and experience. Find out what type of certifications they have and the number of bankruptcy cases they have handled. You should also ensure that you have known if you will be able to have access to him or her when the case is going on. While they are answering these questions, ensure that you evaluate them thoroughly to find out if they have provided you with the necessary and adequate answers. In case a lawyer is evasive in giving you the details of their operation and the questions you ask, then you should not select them as this is one of the red signs that they are not the best one for you.

Legal

April 15, 2010

Features of a Good Lawyer or Attorney Firm

Good Lawyer or Attorney FirmThere are times that you might need to find a good lawyer to represent you in a case that you might be having. It is important to look for a professional who will represent you in the right way to increase your chances of winning the case. This usually involves a lot of intensive research on your part to get the best in the industry. You can start by browsing the internet to find a list of the service providers to have an idea of what is in the market. Before signing any papers, it is important to ensure the company has the following features:

Good reputation- this is where the firm should have a good name so that you can expect good services from them. You can find this out by reading reviews as well as customer testimonials to find out how other people rate the services. This will give you more information on the companies to know the ones to pick and the ones to steer clear away from. You can also get recommendation from someone who has used their services before to get first hand information on how their services actually work.

Expertise- the attorney you get from the firm should have all the necessary skills that are needed to practice effectively. Here you can ask for certificates of training to be sure. The professional should have through knowledge of all the laws that govern the place that you are in to know how to handle the case effectively. It is usually best to choose someone who has won cases like yours before as they are likely to have mastered the art of offering high quality services. It is also important to pick someone who has had years of experience rather than someone who is fresh out of school. Check out the personalities of the individuals and pick someone that you can have a good working relationship with.

Costs- the firm should offer affordable rates so that the clients don’t end up being overexploited. Be wary of the companies that usually ask for all the money upfront as most usually ask for a certain percentage and you can pay up the rest in case you win the case. Compare the rates that are offered by different firms to get the one that has the most reasonable price.

Legal

April 10, 2010

Power Of Attorney Terminology

Power Of Attorney TerminologyCompleting the forms that need to give power of attorney to a person or corporation may be the easy part, the terminology that you should know can be a little more confusing. However, it is a good idea to be familiar with the terms used when power is being granted. This will ensure that you understand what you are signing and what your rights are.

Power Of Attorney is when a person gives power to another person or organization to act on their behalf. There are different types of power that can be granted, however they all still involve one person giving power to another person to act for them while they can not.

Advanced Directive is considered a general term that encompasses all methods of planning to be done for the possibility of incapacitation. This does include Durable and the Heath Care Surrogate as well.

Attorney In Fact is the person that has been granted the authority to act on another person’s behalf. Sometimes it is also called the proxy or the agent. This also includes co-agents or successor agents as well.

Springing Power is when a certain act or event has to take place for the power of attorney to become effective.

Durable or DPOA means that the attorney in fact stays in place even when you are incapacitated. This must be explicit in the document.

Principle is the person that is initiating the power of attorney. This is the person that will be allowing another person or organization act on their behalf.

Capacity means that the person understands the documents they are signing, they know who they are, who their relatives are, who they are granting the power to and what their assets are. Capacity does need to be determined by a doctor if during the signing of power to another person has stated that the person has diminished capacity or is not mentally sound. In a situation of this nature a physician must perform an exam and give a written evaluation stating that the person either has capacity and is mentally sound or that they are not.

Monitor is a person that is appointed that helps to prevent elder abuse and abuse of power by the appointed agent. Currently it is a law in NY. A monitor can be appointed by the principle and they are given the power to request all documents, receipts, records, disbursements and transactions that the agent has performed on behalf of the principle.

SMRG or Statutory Major Gifts Rider is a document that the principle adds to the power of attorney short form that authorizes the appointed agent to make major gift transactions and other transfers. Currently, this is only in practice in NY. This form and the power form must read together as one document.