Archive for the ‘Lawyer/Client Relations’ Category

Social Media no Friend to Insurance Litigants

Tuesday, February 21st, 2012

In a recent interview with the Law Times, a leading Canadian Law publication, Roger Foisy warned that insurance companies are looking for evidence online – and in particular in social media platforms to dispute litigant claims. Online media in the form of a picture, video or text may conflict a claims or statement made by individuals on their insurance forms. The primary concern is when a one-time or exceptional event or activity is captured and then interpreted as a lifestyle choice or a reflection of normal abilities. This can cause significant complications for the claimant.

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Preserving social media evidence without informing our clients. Is this where the law is headed?

Monday, October 17th, 2011

In today’s day and age, social network sites have become more prevalent in society, so much so that it now plays a part in court decisions. In a recent motor vehicle accident decision in Sparks v. Dube, [2011] N.B.J. No. 38, a New Brunswick court ordered the plaintiff’s lawyer to retain a non-party lawyer to secure potential evidence off of a social site that his client posted online. The decision also stipulated that this was to occur without informing the plaintiff lawyer’s client of the court’s decision.

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Lawyer Contingency Fee Agreements: Doing it Right

Tuesday, October 4th, 2011

A contingency fee agreement or retainer is defined as an agreement made between the lawyer and their client where the fee for services is only payable when there is a favourable result.  This means that the lawyer is not paid until the case is settled in the plaintiff’s favour or a court judgment is arrived at in the plaintiff’s favour. (See Full Legal Glossary of Terms)

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Putting a Stop to Phantom Clients Forever

Friday, February 11th, 2011

The courts have made a distinction between a solicitor-client relationship and a solicitor-client retainer. The relationship is established when the prospective client has his or her first consultation with the lawyer or law firm about retaining services. The relationship is often established without formality.
The retainer is established once the lawyer agrees (expressly or implied by the lawyer’s conduct) to provide legal services. Until it is made clear by way of a non-engagement letter to the prospective client, it may be that a solicitor-client relationship, with all of its important duties, truly does exist.

Case Study in Point

Eight months ago Mr. Smith consulted with Lawyer Jones with respect to a personal injury matter. Lawyer Jones met with Mr. Smith for a half hour free consultation after which time he advised Mr. Smith about what he believed to be the answer to his motor vehicle accident issue. He made sure to tell Mr. Smith that he probably could find a more experienced lawyer as he had not practiced in this area of law for years. Nothing else was done by Lawyer Jones. Today he received a message left on his voice mail from Mr. Smith looking for his trial date. Lawyer Jones looks at his notes from eight months past and realizes that Mr. Smith’s motor vehicle accident itself was just over two years ago.

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