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Posts Tagged ‘legal’

Attorneys Affirmations Increase Lawsuits

Thursday, July 22nd, 2010

Advertisements will leap out at you whether you are driving past a billboard, looking in the phone book or newspaper, or even when you are watching your television. Automobile accident, neck pain, hurt in a slip and fall, you can find assistance with us. Reams of advertisements fill the telephone directory with vivid script, images of the injured, and promises of service at no fee until damages are won. There are even those who are offering a loan to you that you can pay back when you receive the settlement.

The aggressive advertisement of personal injury lawyers is assisting in bringing the cost of claims up, one insurance bureau claims. Because so many of these suits are taking place, some companies have decided to nix their auto insurance coverage. The bureau’s regional services manager claims that he is noticing only small amounts of damage in accidents and people trying to get large awards, and at times actually getting the large awards. Real injuries are compensated for by insurance companies, she says, but the expectations of the people who are being injured seem to be getting out of control.

Depending on the company, you can experience different increases in insurance premiums due to the large claim amounts. Even if you’re a good driver, the average increases range from 15 to 35 percent across the board. And, if you’ve had the misfortune of getting a ticket or having an accident, your auto insurance premiums can go up even more.

Lawyers say there’s no link between their advertising and the increase in claim costs. One lawyer claims to not understand the link the insurance bureau draws between number of claims made and the number of such ads in the area. If a person has been injured by another driver, they should be able to make a claim for compensation. The offer of short-term loans on the promise of future claims may be a violation of the lawyers? code of ethics. Law associations are researching this.

The abundance of personal injury lawyer advertising does attract claimants, according to another lawyer. He doesn’t have an issue with that at all. He goes on to say that, “It’s a shame that retaining a lawyer to advice you of your rights is considered such a bad thing by the insurance industry.” He also admits that auto insurance costs are on the rise and agrees that the entire system could use an overhaul. However, he adds that the insurance industry has rejected efforts to work with his organization in order to accomplish this.

It is the opinion of one bar association president that those in the insurance business are going about reducing claim costs the wrong way. Instead of blaming lawyers, they should focus their efforts on accident prevention. He asks why insurance lobbyists have not asked government to increase fines of photo radar tickets or looked to ban cell phone usage in cars. He also questions why the insurance business has not tried to improve road safety or attempt to cut down on the number of accidents in the U.S. In the past few years, insurance companies have also lost investments and money because of them, which can affect their profit margins.

Insurance company advocates are lobbying for the passage of laws meant to prevent those injured in car accidents from obtaining multiple recoveries for the same incident. Some of the people who are trying to make claims, that had to miss work due to an accident, are attempting to be compensated by the loss of work, when their jobs have already compensated them. Another bad thing about this is that the people receive gross wages, not wages that have been taxed. This makes it harder for the employee to want to go back to work. The greater the delay in returning to work, the greater the compensation you will receive.

The number of personal injury lawyers is unknown and many lawyers don’t think that places for these lawsuits has increased. For the most part, they just let motorists get pain and suffering money, and only then it’s due to real, serious, crippling injuries. According to the insurance companies, aggressive advertising is attempting to boost demand for exorbitant claims, but nothing could be further from the truth. In the case of lawyers paying for the lawsuit costs until their client gets paid, it’s perfectly legitimate, as is paying for the court costs if they lose the case.

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Paralegal Toronto

Friday, July 16th, 2010

Toronto has many different types of legal representation. Most people initially think of an attorney when they need to settle matters of family estates or inheritances, business concerns, bankruptcy claims, real estate matters or even tax problems. However, that’s not always necessary, you can often hire a paralegal in Toronto to handle those same matters.

A lawyer is the only one qualified to handle specific types of cases. Paralegals often help the lawyers prepare these cases. Paralegals can’t offer specific legal advice, they often just do the routine paperwork. If you need legal advice, you may require the services of an attorney.

That shouldn’t stop you from considering a paralegal in many cases. Paralegals have specialized training to handle many of the jobs that attorneys do. They prepare documents and perform many other legal tasks including researching legal cases.

The paralegal knows how the legal system works. They received education to assist in legal issues. In order to become a paralegal, they have to take additional training and receive a certification from the program. If they opt for a two-year program of paralegal studies, then they normally can handle easier, less complicated cases than an attorney can, but more involved cases than the person that only had the certification program.

A paralegal is able to prepare all the necessary forms and documents for your legal affairs. So why opt for a lawyer when a skilled paralegal can offer the same service and can to provide more time and attention to your affairs? After all, when you hire a lawyer, he will surely pass the bulk of the work to his assistant who is basically a paralegal.

If you have to go into court for litigation, then you need an attorney. These cases are often more complicated. Smaller less complicated cases often can use the services of a paralegal. Check with paralegal services before you hire an attorney to see if they offer the legal services you require for your case.

When you secure the services of a paralegal, you need to follow certain guidelines to insure you’ve chosen the right person. Ask them for their work history or track record. If you find the paralegal spent several years working for a large legal firm, they are often better qualified because of on the job training with top attorneys. You also need to check their certification and schooling.

Lastly, do a preliminary interview so you know that the paralegal truly understands your legal affairs. If you can’t come into an understanding, then by all means look for another one. Toronto is a big place to look for a paralegal, it is certain that you will find one that is right for the position.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aparalegal toronto that specializes in the GTA area

categories: small claims court,common law,Canada law,Canadian law,legal,claims,small claims,paralegal,business,lawyers


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Auto Accidents: Claims And Injuries

Wednesday, June 30th, 2010

Most traffic accidents involves two drivers, with a driver or passenger from the one vehicle seeking compensation from the driver of the second vehicle. Evidence must support a claim that the accident was caused through negligence of one of the drivers. The traffic accident compensation claim will lead to legal proceedings involving the driver and possibly passengers of both vehicles claiming injury as a result of the negligent driving on one the parties involved .

Normally, lawful actions due to insufficient road construction may end up being versus the ruling organization having management of the route. These kinds of claims may be on the basis that the governing body failed to determine proper signage or wrongly developed or serviced the road.

Another type of traffic accident compensation claim may be a products liability claim lodged toward the manufacturer of a car or car part, claiming design or manufacturing defect which lead to the accident. Also, if a car mechanic or garage left a car in an unsafe condition, liability may fall to their responsibility.

Distinctive circumstances can frequently occur in a automobile accident damages suits that make the legal actions more challenging. Every person engaged might be accountable with regard to possible damages and this may be regarded throughout the course of all court procedures. Numerous concerns that can effect a situation are laid out next. Leaving behind the arena of an automobile accident is not so unusual in the United States and happens when the operator which creates an collision neglects to stop at the location of the incident. When the culpable person runs away this can make it hard for the harmed person included to determine the wrongdoer and consequently take him to trial. With automobile accident circumstances concerning pedestrians, a member of the community may endure severe harm as an outcome of a accident with a car. Frequently, the behavior of the pedestrian is called into issue making it hard for that person to be successful in a suit versus the motorist.

Motorcyclists tend to be especially at danger for unique damage any time mixed up in a vehicle crash, even in accidents that might be fairly small had they happened among vehicles. Because of the character of various bikers, it might be hard to get a rational hearing by a court as these people are frequently regarded wanton road participants even if the other participant is obviously at fault. Bicyclists tend to be among the most susceptible street users. These people tend to be more probable to experience severe harm if struck by autos or other motor vehicles. Diverse dangers like doors opening in front of bikers are apparent examples of basic accidents which might trigger severe harm. Bike riders are frequently situated in the driver’s blind location with motorists frequently confirming failing to observe the bicyclist before it was too late.

Bus accidents can be quite serious. Due to the sheer size and the number of passengers carried, a collision with a bus can do great harm to other road users. Any traffic accident compensation claim involving liability with a bus will involve the operator of the bus, not just the driver. Where things like road debris and poor, uneven road surfaces abound, accidents can be common results. Whether this is in the form of parts which have fallen off of vehicles, or debris that is kicked up from the roadway, it can all be used as evidence in a road traffic accident compensation claim if the driver believes the originator or the debris or surface hazard was the cause of the accident. In evaluating any accident case, a lawyer or attorney should be enlisted for experienced counsel.

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Best Identity Theft Companies To Register With

Tuesday, June 29th, 2010

Identity thievery has turn into one of the quickest growing crimes occurring around the globe nowadays. According to research, in United States alone, at the least 9 million Americans are being made subjects of identity theft each year and counting.

Aided by the advancement of online world, it has become convenient for robbers to acquire personal and monetary information. These guys were capable of applying for loans, credit card purchases, and can even take away cash all your right from bank accounts or perhaps buy everything that they want at your expense. Outcomes of identity theft ranges between unauthorized loan applications having the name of the victim, losing an employment and perhaps a traumatic experience like being charged of a crime or terrorism by using the name in thousands of illegitimate purposes.

Billions of dollars have already been lost because of this crime.

Identity theft companies, then, come into the picture in order to support the victims and offer protection to all. Practically every person could be a target of this type of crime nowadays. Such companies give advanced solution to stop theft especially identity theft beyond the mere credit card monitoring. Once you apply for the services of one of the identity theft companies, you can at least have a good sleep at night while enjoying the following benefits:

* Identity theft companies monitor both credit and service account applications. They alert its members through email, postal mail and by phone anytime its system finds pieces of information of its members in applications concerning credit cards, mortgage loans, auto loans, wireless services, utilities and others.

* A regular fraud alert is going to be set-up to guard your bank account. That is created by locking your credit account with the credit bureaus to evaluate your credit history carefully.

* Your email address is going to be taken out of all marketing websites. This gets rid totally of any pre-approved bank card offers as well as spam mails that might ask you for your own important details when you open it up.

* Should you be a victim of identity fraud while registered with one of these identity theft companies, the company will shoulder all the expenses in clearing your account and all other damages you will get as a result of this theft.

* Your identity theft protection company will ask from you credit card company for your credit card statements to evaluate it. Any kind of irregularity or substantial changes within the pattern of the transactions are going to be reported instantly to you.

Before signing-up with a particular company, be sure to ask all relevant information about its services and be able to discuss what your expectations are. Ask for its features and research if said features are really effective enough to prevent theft. Fully discuss with them areas that are unclear to you so you could be assured of the best protection you expect from them.

However, the first line of defense must start from you. Start to be careful in giving out your personal information. Always check with the company if surveys and questionnaires are valid and needed in the type of transactions you usually made with them. This way you could limit the exposure of your valuable information to those agencies that are genuine and trustworthy.

It is best to secure identity theft companies these days. This is to protect yourself from being victimized by identity thieves who penetrate through your personal information like social security and credit cards. You may want to try credit monitoring services.


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Getting To Grips With Most Of The Personal Injuries Cases That Happen In Canada

Monday, June 28th, 2010

If you have had the ill misfortune of getting injured then help is close at hand. The Most of Personal Injuries Cases that happen in Canada are handled by this company. They also handle most of the injuries that occur in New York State. In New York the case will be handled from beginning to end.

For the Canadian accidents the process will be started and liaising will be done on your behalf with the Canadian attorneys. This will be done at no additional cost to you.

Any accident that you can think of will be handled. Vehicle, planes and any car accidents. In any accident that you were involved in that was someone else’s fault.

Just call the company and they will look after you. The first consultation is free. Canadian clients that are injured in New York will be looked after. The company has had a number of concerns and issues involving clients from Canada.

The distance from Canada to New York is a big factor and whilst you will not be traveling up and down all the time there will be a number of mandatory visits required on behalf of the client. Where possible we try to dovetail visits so that unnecessary traveling is avoided.

Usually the deposition and the doctor’s visit is a month apart, for long distance clients we try to get these moved one day after another. This enables the client to make one trip only. If you win your case then traveling costs will be recovered at the finish of your matter.

You could also be privy to no fault benefits in New York; these are most often better than what you would receive in your home province. It is preferred that you see the doctor in the state where your case is being heard or held.

In the case where another party is responsible for your injury then you would have grounds for a personal injury lawsuit. Make sure you have all the necessary documentation and then contact a personal injury attorney.

The attorney will take the matter up and try to obtain a settlement for you. This could avoid having to file an official lawsuit.

Where settlement is not possible, the attorney will fight to prove your case for you. These cases differ from case to case. The bottom line is that it is the attorney’s job to prove that the plaintiff was negligent and that this negligence caused the injury to you.

The law on personal injury varies from state to state. It is therefore prudent to know the law in your particular state.

Settlements can happen at any stage of the case. There can be an agreement before the case is filed during or after. The attorneys on either side will have a discussion and hopefully come to some sort of settlement.

Should there be agreement then legal action will cease. Occasionally there other factors and considerations to consider and the attorneys would handle these details.

The Most of Personal Injuries Cases that happen in Canada can be dealt with by New York based attorneys. Make sure you consult your personal injury attorney before coming to any kind of agreement.

Find a Personal injury lawyers Toronto that will help your case with honesty. Whether it is a medical malpractice, nursing home abuse, dog bites, work-related injuries, car accidents, traumatic brain injury or a slip and fall injury, our Lawyers can help you.


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What To Know About Court Reporting

Thursday, June 17th, 2010

Court reporting is an important job. The legal system needs someone to record the legal processes that go on with trials. This done with short handed typing that is used to record so that no words are missed when he or she is typing. The other kind is a voice recorder that types everything that is said from the lawyers, witnesses and others in the courtroom during the time of the trial.

Becoming a court reporter is not necessarily that easy. This person is required to take up to two years of school and get the degree of an associate before he or she will be qualified. This degree uses the same classes as any other undergraduate degree. The student is still required to take basic classes in math, science, history and quite a bit of English.

Being successful at voice recognition after learning how to do it will be a necessary ability for the students of court reporting. The voice writing is so very technical that 3-4 hours are needed to be spent on completing homework a night. To be successful in using the short hand the candidate will need to go to school for two to four years at least to know enough about the craft.

Despite having a degree, there could still be real time experience necessary before a court reporter is actually hired for the job. Even after they complete the training while under an apprentice they are still going to need to practice their skills. The reporters will still need to attend classes to keep up with their skills.

Lightning speed typing is required for these court reporters. Over two hundred words a minute are required by these two companies for their members. One companies says that 225 words a minute is the minimum while the other says 250 words is acceptable. The company with the higher words per minute makes its members type exactly what is mentioned in the courtroom. They are given a large responsibility in the courtroom so they need to be able to prove they are up to that task by recording everything that is mentioned.

Reporting as as freelance is what many have chosen to do. There is a lot of work that is done outside of the courtroom because of the abilities they have. These trancriptionists can type for services at churches or broadcasts. They are willing to help the deaf by typing what is said on the TV for the networks. Journalism is a draw for these people as well due to the skill set they possess. Lots of different things need both fast typing and great listening ability.

An annual salary of thirty to sixty thousand is possible for a court reporter. More money can be made by a recent program that has been made for these trancriptionists. Witnesses can purchase the work of the reporter for more research should be needed. This will provide residual income for typists. They can continue to make money even after they are done with a case.

There is much reason for court reporting. Writing down the courtroom goings on is good so something can be accessed and read later. The court system is able to be more organized if documents are needed to be examined again for evidence. The courts would be lost without these people doing work. This job does not have an end anytime soon.

Finding the best litigation support services is crucial to succeeding in the legal community. From real-time reporting to streaming live videos, our superior court reporter services provide documentation, information, and consultation to all clients.


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Understanding Attorney Services Fees

Friday, June 4th, 2010

In some part of our lives, there will come a time when we will need attorney services. We may need their professional services when we buy a property, close a business deal, adopt a child, file for divorce, or when we need someone to defend us in courts. And throughout the time that we deal with our attorneys to finalize any procedure where we need legal advice, we tend to discuss many things. We may discuss about the steps that needs to be done, what legal actions need to be taken, etc. But, there is one thing that, both us as the client and the attorney, may not discuss per se or may not discuss at all. This is the attorney services fees.

Yes, despite the fact that professional fees for attorney services are important; these are mostly not being discussed. The most valid reason for this is that it seems awkward to talk about them. Besides, it usually feels uncomfortable to talk about them; especially if the services involve dealing with sensitive cases. But, as the one hiring an attorney, you need to know more about attorney services fees so that it won’t be uncomfortable for you to talk about it.

Know the Correct Attorney Services Fees

As you will be the one to hire and therefore pay for the services, knowing the current market rate for such services would be important. Usually, legal or attorney services fees varies according to where the services are being performed. Here are the three most important things that you have to consider when deciding what amount should be fair enough as fees for your attorney;

1. Decide on how much money you can afford to pay. As the client, you know how much you can afford. And you should tell your attorney that. In most cases, if you can’t afford to pay a lot, you can opt for public attorneys. They usually have low rates for their services. But just the same, you need to determine how much money you have and if you can pay the attorney’s regular rates.

2. The kind of services needed. You should also know whether you will need an expert attorney in a certain field. Most fees are based on the level of expertise needed in a legal service or how much work is involved.

3. The usual rate for the type of service. Appraising how much money you will need as payment for attorney services will usually depend on the type of service rendered. Hence, it is important that you’d be able to distinguish what type of services you need. It is also important that you know the current rate for the type of service that you need.

When deciding about the attorney services fees, it is also vital that you plan on what type of fee arrangement you will offer. Actually, this is also a factor when deciding how to pay your attorneys. Now, you will need to decide whether you will pay him/her a flat rate, hourly rate or contingency fee.

The latter will mean that you will pay your attorney a certain percentage on any amount that you will get should you win a case; for example, settlement fee for divorce or child custody. You will have to discuss on how much you will possibly get and what percentage should be the payment.

If you are going to pay a flat rate, on the other hand, the attorney will determine how much is the total fee that you will have to pay. Other expenses such as photocopying, etc are computed with the flat rate fee. Now, hourly rate shall be computed based on the hours spent by your attorney on the case or proceedings.

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Insurance Premiums Jump Due To Growing Claims

Thursday, June 3rd, 2010

No matter where you look — the newspaper, TV, billboards or phone books — you can’t miss this advertising. “Have you been in an accident? Then contact us NOW.” Red hot headlines fill pages in the phone book and accompany pictures of injured victims. Ads offer free help until the suit is finished. Short term loans, secured by future settlements, have even been offered those in need.

An insurance bureau is claiming that such advertising, made by personal injury lawyers, is driving up claim cost. Some companies no longer offer motor insurance because of the growth in claim cost. These companies say that people come in with a small amount of damage on their vehicle, will file a lawsuit, and will be granted a huge monetary award. The insurance company supports paying people for their actually injuries, but she says the claimants expect a lot more money than they really deserve.

Different companies are being affected differently in terms of how much the claim costs are driving up their premiums. Anyone who has insurance is seeing an increase in their premiums from 15% to 30%, and that rate is for the good drivers. Your increases will be even higher than that if you are one who is unfortunate enough to have experienced an accident or highway traffic offense.

Lawyers say there’s no link between their advertising and the increase in claim costs. One lawyer claims to not understand the link the insurance bureau draws between number of claims made and the number of such ads in the area. This isn’t trying to imply that people shouldn’t be able to get compensated for personal injuries, because they should be able to. The offer of short-term loans on the promise of future claims may be a violation of the lawyers? code of ethics. Law associations are researching this.

There are other attorneys who do believe that the onslaught of advertisements by plaintiffs’ tort attorneys brings people out of the woodwork who are interested in suing. Though he does not necessarily see that as troubling. “The unfortunate thing about all this is the fact that the insurance bureau is trying to put a negative face to lawyers who are trying to let people know they have a right to compensation!” The attorney acknowledges the increase in cost to the insurance carriers, and does not dispute the notion that reform might be useful, but states also that the industry group has refused to collaborate with attorneys to solve problems.

Accident prevention is where the focus of the insurance industry should be, says the president of a bar association, in order to reduce the costs of claims. The attorney added that he is not aware of any industry efforts at raising traffic fines or banning cellular telephone usage by motorists. He further articulated his irritation that the insurance carriers were not attempting to increase auto safety or reduce collisions. He recognizes that the insurance companies have had to use up a lot of their investments as well as some of their profits.

Insurance is lobbying hard for legislation that would stop motorists from ?double dipping.? Some claimants want the other guy to pay for their lost work time, even though their own companies have reimbursed them already for this same time. No deductions have been taken, including those for income tax, so the claimants would receive gross wages. This is not good. This doesn?t create a situation where the employee would want to get back to work. A longer absence from work means a higher pay off.

Even though there is no solid number on how many personal injury lawyers are in practice, it is doubtful that there is any other place that have such lawsuits. While most let claimants seek payment for pain and suffering, some require that the injury sustained be permanent and serious for such a payment. The insurance bureau would like you to see that the advertising is creating the demand, but the exact opposite is true. Lawyers should be allowed to work for free for claimants until the case is settled; they should also be allowed to offer to pay for any disbursements if the case is lost.

Further information on car accident compensation can be found there. Learn more on the topic of melbourne compensation lawyers.


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How Do I Know If I Need To Hire A Personal Injury Attorney?

Wednesday, June 2nd, 2010

You just got in an accident and you are hurt. Most people don’t know what to do or who to call. We’ve all heard about big dollar settlements from cases where someone was hurt, but probably don’t know one of these people personally. And we probably are not attorneys either so we don’t know the law and what our rights are. So how do you know if you need to hire a lawyer?

Injury cases fall under tort law, and in every type of tort claim, you need to prove two essential points. First, was there liability on the other partys part, and second do you have any damages? If you feel that either of these is the case, you should get legal advice before signing anything. If you don’t know an injury attorney personally, look on the internet for a local one. You can check on their credentials at Martindale Hubbell, and see if they are peer-review rated or not. This will give you some good references to start with before even talking to a single lawyer. But remember, in your case, you have to prove the liability & damages in court.

Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.

There is another basis for personal injury claims. Strict Liability is an area of tort law that is gaining in importance. Strict liability means that if a manufacturer makes a product that is defective, or if it is designed poorly, they can be liable if you are injured by that product. This is different than negligence, but you must prove that the design or manufacturing process of that product make it dangerous, especially when it is used as it was intended to be used.

If someone hits you in the face or body, you could also file a personal injury case against them but under the basis of Intentional Wrongs. These types of cases aren’t filed as much, but it can happen. Or if you are accused of shoplifting from a store, and the store security wrongfully detains you for a period, you can file a wrongful imprisonment suit against them. They could also have criminal charges filed against them, but the state would have to file them on your behalf, rather than you filing a criminal complaint against them.

Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits don’t make it to court, and are settled before that happens.

The last thing to consider is the length of time you have to file a claim. Many states statue of limitations are different. What this means is that you have a limited amount of time to file the case. The time limit can be as little as one year to file a lawsuit for an auto accident. If that time passes, then you lose your right to sue, or you case can be thrown out of court.

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Why Everybody Is Doing This 5 Deadly Mistakes At The Small Claim Court?

Tuesday, June 1st, 2010

5. Self represented parties sue the wrong person or entity! This is a common and fatal error that self-represented parties make time and time again. When you sue a person or a business, it is of the utmost importance that you sue the correct legal entity. For example, if you sue your neighbor whom you know as “Joe Smith”, you must be sure that “Joe Smith” is his full legal name. Otherwise, you may later come to find out that his legal name is in fact Joseph Smith or Joe Thomas Smith”. If you did not use the correct legal name in the lawsuit, it will be impossible to try to enforce your judgment against him. Alternatively, you may want to sue your florist who you know as “Flowers R Us”. However, the correct legal entity behind Flowers R Us is in fact 123456 Ontario Inc. If you sue “Flowers R Us” instead of “123456 Ontario Inc.”, you will likely not be able to enforce a judgment against them. A licensed paralegal will automatically perform all necessary searches to determine the correct legal name of the person or business that you are suing!

4. Self represented parties always include too much information or not enough information in their claim or defence! This comes with a lack of understanding for what the court needs to see in your legal documents, and what they do not need to see (or do not want to see). Most self-represented parties often include far too much detail in their narrative. We often see a four or five page description of the events surrounding a case, which is not only far too much information, but can be extremely frustrating for the judge (who we try not to irritate, especially at the outset of the case). On the other hand, self-represented parties also leave out pertinent details of the narrative. For example, when suing for a breach of contract, a self-represented party often goes in to great detail about how much they have paid to the other party and when they made each payment, however; they often leave out the most important detail of all – that being, the original agreed upon amount of the contract. A licensed paralegal will have the knowledge and skill set to narrow down the issues and present your case clearly and effectively to the judge. Part of our strategy is to draft effective pleadings to convince the judge of why you should win your case, even before appearing in a courtroom!

3. Self represented parties do not know the law! Knowing the law and how to apply it to various situations is different from knowing when a cause of action arises. People generally know when a wrong has been committed against them for which they can seek remedy through the courts. However, knowing the law and which legal arguments apply to a situation is an entirely different matter all together. There are often times when you cannot ask the court for certain legal remedies or rely on certain defences if you have not included them in your initial claim or defence. This can result in unfavorable judgments or orders against you. A licensed paralegal will know how to argue your case in a legal context and which arguments to notify the other parties of in advance of the hearing so as to not deprive you of any of the rights and remedies that are available to you!

2. A self represented does not know the Rules of the Small Claims Court. The Small Claims Court is governed by, among other things, the Rules of the Small Claims Court. The Rules are quite lengthy and govern all aspects of a proceeding including forms, service, evidence, timelines, fees etc. A self-represented party will often find themselves overwhelmed by the rules of a proceeding, let alone the actual case itself. For example, the rules pertaining to evidence require all parties to exchange documents thirty days before trial, otherwise it may not be admissible in court. Many self-represented parties serve their evidence on the opposing party after the 30 day deadline, or sometimes they show up with the evidence at trial without having served it on the opposing party at all. Situations like this can be devastating to your case. The judge may not allow you to rely on evidence that has not been served properly, which may be fatal to you. The judge may also adjourn the trial to a new date in order to give the opposing party time to review the new evidence. This can cause a great deal of delay in a case and can frustrate the proceeding. A licensed paralegal will be fluent in the Rules of the Small Claims Court and will be in a much better position to move your matter forward in accordance with those rules. You will not experience the same amount of delay and overwhelming sense of confusion as you would if you were to be self-represented; your paralegal will explain each step to you and will take on the responsibility of complying with the rules, so you wont have to!

1. A Self-Represented Party is SELF-REPRESENTED. After reading everything above, it’s probably no surprise that this is the #1 problem. When you don’t understand all the laws or how to work your way around a courtroom, the end result is almost always a negative one. There are several different twists and turns that you have to think about before you even begin your defense. What it comes down to is you can’t show up to court and believe that telling the truth is going to be enough. While honesty is important, it’s definitely not enough. However, you can represent yourself in any court; not just the small claims court. Most people try to represent themselves in this setting because they think it’s the easiest place to win. Did you consider that the laws out there can protect the other party as well? What if they have a licensed paralegal in their corner? This could definitely spell trouble if you’re only representing yourself. We’ve seen several people come through our doors over the years who failed miserably at representing themselves. Often times it’s because they don’t have the money to hire a paralegal. This is understandable, but it’s well worth investing in one because over the long haul they could save you thousands upon thousands of dollars if you win the case. It’s a small price to pay in the beginning for seeing the light at the end of the tunnel.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aparalegal toronto that specializes in the GTA area


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