Chapter 2: Procedure Before Commencement of Proceedings Flashcards
Who are the parties to the retainer agreement?
The Lawyer & client
What types of things are set out in the retainer agreement?
-Names of parties
-scope of work to be done
-rate pay for doing work on case.
-deposit required before work can begin
How is a monetary retainer different from a written retainer?
Monetary retainer:
The deposit to be paid before work begins
Written retainer:
Contract between lawyer & client
Why should you docket your time when you are carrying out a task as opposed to waiting until the end of the day?
To avoid forgetting.. every minute is expensive!
Don’t give away free minutes.
What systems can you use for a “tickler system”?
-Physical accordion system
-Desk calendar
-Computerized reminder system
What does BF mean?
Bring Forward:
A predetermined date in advance of the actual deadline.
What are the consequences for the client if a limitation period is missed?
They lose their right to sue. (client)
-professional malpractice (lawyer)
-can lead to malpractice claims and higher insurance premiums (lawyer)
Generally speaking, what is the limitation period in Ontario?
2 years
The client is suing a corporation. What search would you conduct to ensure that you have the corporation’s name correct?
Business Name Search
In person: @ central productions and verifications services branch, Ministry of government and Customer Services.
Online: Ministry of Government and Customer Services.
What is an impecunious defendant?
Someone who is insolvent A.K.A. unable to pay debts owed.
What search would you conduct to determine the solvency of a defendant?
a writ of seizure and sale AKA writ of execution would be on file in the SHERIFF’S OFFICE (Request A Certificate) in the county or judicial district where defendant resides or conducts business.
Online: local court and sheriff’s offices
attorneygeneral.jus.gov.on.ca/blahblahblah
OR
SEARCH “court addresses” @ Ontario Ministry of the Attorney General website.
-Give full name
SITES:
- teranet
- teraview
- Centro Legal Works
ALSO:
GOOGLE “online execution searches”
Identify three sub-folders that you might include when setting up the client file?
✅Correspondence
✅Pleadings
✅Evidence
✅Discovery
✅Law
✅Client docs.
✅opponent docs.
✅accounts
Docket
Used to record fees to be charged to clients
Cause of action
Legal right to sue to obtain legal remedy
Limitation period
The time period in which you have to file a lawsuit
File management Checklist
Checklist for noting when necessary steps have been taken and what is yet to be done.
Tickler System
A reminder system used to prevent important dates from being missed
Judgement proof
a party whom a judgment would be ineffective as the party has no assets against which the judgment could be enforced
Incorrectly naming a party can result in an unenforceable judgment.
True or false
True
You wish to confirm the full legal name of an individual. Which of the following could be used to verify the party’s name?
-drivers licence
-a vehicle identification number (VIN)
-a licence plate number
ALL OF THE ABOVE
If a business is incorporated, you may sue the corporation using the trade name it uses to carry on business.
TRUE OR FALSE?
FALSE
A sole proprietorship may be sued by suing the individual sole proprietor in his/her own name.
TRUE OR FALSE?
TRUE
A business operating as a partnership cannot be sued.
TRUE OR FALSE?
FALSE
A corporate profile report will give you the names of the officers, directors and the address for the registered office of the corporation.
TRUE OR FALSE?
TRUE
