Author: Erin Barvir

We know it can be tempting to tackle your family law matters, such as divorce, property division, parenting or child support issues alone. Lawyers aren’t cheap and the Judge is bound to listen to your arguments and see your point in any event, right? Well, maybe, but maybe not. The question is whether you have the necessary set of skills to navigate the legal process on your own and ensure the court hears your best legal arguments. The nuances of the court process and the complexities of the numerous forms and paperwork can be frustrating and intimidating to anyone who hasn’t studied the system. Even lawyers find the process complex at times so it’s no wonder it can seem overwhelming and prohibitive to anyone trying to go at it alone.

Marriage is the 7th most stressful thing you’ll do in your life (according to the Holmes and Rahe scale). Divorce and marital separation, regrettably, have the 2nd and 3rd spots locked up (if you’re wondering what’s at number 1, it’s the death of your spouse). That added stress can make representing yourself even harder. At such a critical moment in your life with the parenting of your children and your financial future on the line, it is important to make an informed decision on whether to try to navigate the process alone or hire a lawyer to assist you.

Is it possible to represent yourself? Absolutely. It is not a mandatory step in a divorce or custody dispute to hire a lawyer. The forms you will need to file at the Courthouse can be found on the Alberta Courts website. If you are comfortable identifying and drafting the required forms, you understand the legal system (or have the time to research and become familiar with it), can separate out the legal arguments with the emotional turmoil, are capable of negotiating the terms of a settlement, and are able to speak in court, you may well be able to represent yourself. Some self-represented parties do a very capable job of representing themselves. Others struggle.

Filing the wrong form could result in your case being dismissed. Not understanding the Rules of Court and asking inappropriate questions in cross examination may result in important information not being put before the Judge. Not appreciating the alternatives might result in a case proceeding to a lengthy, stressful and costly trial, when an out-of-court settlement could have been considered and pursued by counsel familiar with the other options. A lack of knowledge surrounding the application of the Federal Child Support Guidelines and the Spousal Support Advisory Guidelines, as well as the numerous applicable Acts and Regulations, could result in an unfavourable settlement being accepted.

For a long time, and especially in the area of family law, parties have had to make the difficult decision whether to 1) tackle the system alone, potentially extending the time required to settle the dispute; or 2) incur the expense of instructing a lawyer.

There is however an emerging middle ground which can improve the efficiency and effectiveness of justice for those not ready or able to commit to full-time representation. More and more would-be self-represented parties are opting to instruct a lawyer on a limited scope retainer, dealing with the parts of their case that they have the confidence and capacity to deal with themselves, and involving their lawyer for only the parts they need assistance with.

If you would like to have the assistance of a lawyer but cannot commit to the full retainer required to have counsel by your side throughout the process, Mountain Vista Law may still be able to help. Call us today at (403) 981-0700 to discuss the possibility of unbundling services and instructing one of our lawyers on a limited scope retainer.

Article by Paul Manning

Disclaimer :

Although we are a law firm, this blog post does not constitute legal advice. It is for informational or entertainment purposes only and shouldn’t be seen as financial or legal advice of any kind. You should consult with a lawyer before relying on any of the information contained in this blog post. We can be contacted at (403) 981 0700 to set up a consultation with one of our lawyers who can review the specific circumstances of your matter and provide you with personalised legal advice.

There sure are some strange Wills out there!  While most people will benefit their spouses or children, some can get quite creative when deciding what happens to their estate when they pass away.  Here are a few examples of some strange Wills that have been drafted throughout the years.

1.       Leona Helmsley left $12 million to her dog.  After family contested her Will, a judge changed that number to $2 million.  Still a nice pay day for a pooch!  This is the most well-known instance of pets inheriting, but Ms. Helmsley is not the only person to have done so.  Eleanor Ritchey left $14M to her 150 stray dogs, and rumour has it that Oprah Winfrey may have similar plans!

 2.       Charles Millar was the cause of what is now known as the “Stork Derby”.  He was a Toronto lawyer (of course he was a lawyer!) who bequeathed his estate to the woman in Toronto who birthed the most children between the date of his death and the 10-year anniversary of his death (which ended up being between 1926 and 1936).  Four women ended up sharing the grand prize and getting over $100,000 each.  A significant sum of money for the era, and probably very welcome considering they all had 9 kids within a 10-year span.

 3.       Cecil Harris sadly died tragically in 1948 in Saskatchewan when he got pinned under his tractor, alone in the fields of his farm.  He used a pocket knife to scratch the tractor’s fender, indicating that his estate should all go to his wife.  He was found after being trapped for an estimated 10 hours but died in the hospital shortly after being freed.  The next day the Will was discovered and deemed to be a valid holograph Will by the courts.  The relevant portion of the fender was cut off and put on display under glass in the University of Saskatchewan’s law library.

 4.       Luis Carlos de Noronha Cabral da Camara was a reclusive man living in Lisbon.  He had no family or friends he wished to leave his estate to, so prior to his death he picked 70 people at random out of a phone directory in front of witnesses at a registry’s office.  They were to be contacted only after his death about the bequest.  Imagine getting that call out of the blue!

 5.       Annie Langabeer apparently didn’t like her brother.  In her Will she left 2 shillings and sixpence to enable him to purchase a rope – the presumption being that he hang himself.  Ouch!

 6.       Thomas Shewbridge was a rancher who owned shares in a local electric company.  In his Will, he gifted his shareholder rights to his two dogs.  This made them part owner of the electric company.  Apparently no one had any concerns over the K-9’s, as they frequented board of director and shareholder meetings.

 In your will, you can also specify your requests regarding burial and cremation (though these requests aren’t necessarily legally binding on your executor).  There are some notable odd requests for what people want to happen to their body after they die.

 1.       Gene Roddenberry had his ashes scattered in space.  When his wife died, years later she too decided to blast off and join him.

2.       Sandra West also had an odd burial request.  As a wealthy socialist, she requested to be buried reclining in her baby-blue Ferrari and dressed in her favourite lace nightgown.  After some debate, this strange request was allowed and remains a point of some talk in San Antonio, where the burial happened.

 3.       Mark Gruenwald had his ashes mixed into the ink to print “Squadron Supreme” by Marvel Comics.

 4.       Ed Headrick invented the Frisbee and had his ashes moulded into limited edition Frisbees.

These are all great for a laugh, but sticking with a more “standard” Will is less likely to be disputed. 

People who are financially dependant may have some rights when it comes to distributing an estate, regardless of what is written in a Will, and getting too creative may lead some disappointed relatives into questioning the mental capacity of the testator.

Give us a call at 403-981-0700 if you have any questions about Wills!

Article by Erin Barvir

Disclaimer :

Although we are a law firm, this blog post does not constitute legal advice. It is for informational or entertainment purposes only and shouldn’t be seen as financial or legal advice of any kind. You should consult with a lawyer before relying on any of the information contained in this blog post. We can be contacted at (403) 981 0700 to set up a consultation with one of our lawyers who can review the specific circumstances of your matter and provide you with personalised legal advice.

This month we decided to share a story we came across recently. Hopefully it’ll provide you with a laugh as we head into the weekend.

“Maybe the best lawyer story of the year, decade, and probably the century.

A Charlotte, North Carolina lawyer purchased a box of very rare and expensive cigars, then insured them against fire, among other things. Within a month, having smoked his entire stockpile of these great cigars and without yet having made even his first premium payment on the policy, the lawyer filed a claim against the insurance company.

In his claim, the lawyer stated the cigars were lost in a series of small fires. The insurance company refused to pay, citing the obvious reason that the man had consumed the cigars in the normal fashion.

The lawyer sued … and WON! (Stay with me here.)

In delivering the ruling, the judge agreed with the insurance company that the claim was frivolous. The judge stated nevertheless, that the lawyer “held a policy from the company in which it had warranted that the cigars were insurable and also guaranteed that it would insure them against fire, without defining what is considered to be unacceptable fire” and was obligated to pay the claim.

Rather than endure a lengthy and costly appeal process, the insurance company accepted the ruling and paid $15,000 to the lawyer for his loss of the rare cigars lost in the “fires.”

NOW FOR THE BEST PART…

After the lawyer cashed the check, the insurance company had him arrested on 24 counts of ARSON! With his own insurance claim and testimony from the previous case being used against him, the lawyer was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000 fine.

This is a true story and was the First Place winner in the recent Criminal Lawyers Award Contest.

Only in America!”

Source : http://www.berro.com/joke/best_lawyer_story.htm

Disclaimer :

Although we are a law firm, this blog post does not constitute legal advice. It is for informational or entertainment purposes only and shouldn’t be seen as financial or legal advice of any kind. You should consult with a lawyer before relying on any of the information contained in this blog post. We can be contacted at (403) 981 0700 to set up a consultation with one of our lawyers who can review the specific circumstances of your matter and provide you with personalised legal advice.

Choosing a family lawyer can be a very difficult and stressful process. Everyone has fears that they will end up with the lawyer who is money driven and does not care about their situation. Lawyers are very different from one another, and it is important to get the right fit for you. After all, we are dealing with your family and your future.

How do you ensure you get the right fit?

1) Meet with the lawyer before you decide. If necessary, meet with more than one. It is very important that you and your lawyer trust each other, and that you feel as though your lawyer understands your goals and what is most important to you. If during your initial meeting you don’t get a good feeling, trust your gut and move on. It is way cheaper and easier to move on early in the process than to try to switch lawyers part way through.

 

2) First impressions matter. The organization and initial feeling of the firm can be an indication of the treatment you will receive as a client. Lawyers rely heavily on their support staff, and good lawyers will ensure they surround themselves with good people. You want to make sure the firm feels friendly and welcoming as a whole, and makes you feel as though you are not just a number but an actual person with specific needs.

 

3) The elephant in the room – Costs.

 

a) Hourly Rates. Most family law matters are dealt with on an hourly basis and lawyers hourly rates vary widely. Typically, an hourly rate is based on experience. Experience, however, does not always mean valuable or applicable experience. Quiz your lawyer about what their experience is and if they have had your type of file in the past. If cost is a particular issue to you, also ask what options you may have to keep costs manageable.

 

b) Junior v. Senior. There is no hardline definition of what a “senior” or “junior” lawyer is. Senior lawyers have been practicing longer, but don’t fall into the trap of believing that necessarily means they are better.  There are plenty of junior lawyers out there who are fantastic, are most up to date on the current laws, and have the best passion for their work.  Be wary of lawyers who continuously refer to themselves as “senior counsel” as this may be an indication that they have a false sense of their own abilities. Dig a little deeper.

 

c) Case Specifics. Some cases can be resolved out of Court, others may require litigation. Litigation is always costly. There are plenty of methods of alternative dispute resolution that may be appropriate for your case, and may save time and money. Be sure your lawyer advises you on all of your options, not just those focused on litigation, and whether or not they are willing to pursue those alternatives.

 

4) Be upfront about your expectations, and ensure you get answers that make you comfortable. Ask the lawyer what their standard of practice is. For instance, if you are someone who likes constant communication with your lawyer, you will not find success with a lawyer who takes a more hands off approach (though keep in mind, every communication does cost money). On the other hand, someone who does not like to move quickly or feel like they are under time constraints may feel pressured by a lawyer who wants to get things done expeditiously. Either way, there is no excuse for a law firm not returning your calls within a reasonable amount of time. One to two business days is industry standard, unless your lawyer is away or fully booked on a file, in which case someone at the firm should be able to notify you and help you out in the event of an emergency.

 

5) Keep in mind that a lawyer can’t promise anything. Be wary about a lawyer that tells you they will get you everything you are asking for without any hesitation. Court is very difficult to predict, regardless of the strength of your case. You should find a lawyer that is willing to go to bat for you, but also tell you when your demands may not be achievable. A good lawyer won’t promise the moon just to get you in the door.

 

6) Trust the experience of others, but take them with a grain of salt. Research your lawyer. Positive reviews are a good indication that a lawyer and their staff will treat you with respect and take your case seriously. Ask around for personal recommendations, particularly people who have experience with the lawyer in their professional capacity. Also keep in mind that some people have had negative experiences as law, by it’s nature, is confrontational. No matter how good a lawyer is they won’t win every case or be the right fit for every person. A single poor review may not be reflective of the lawyer’s abilities, but be more of an indication of a bad fit. On the other hand, multiple poor reviews are a red flag. Google reviews, social media reviews, and Lawyer Ratingz (www.lawyerratingz.com) are all good places to start.

There are many fantastic family lawyers out there who will make it their goal to guide you to the best outcome possible. Shop around, do your homework, and most importantly trust your intuition.

Article by Candace Wray

Disclaimer :

Although we are a law firm, this blog post does not constitute legal advice. It is for informational or entertainment purposes only and shouldn’t be seen as financial or legal advice of any kind. You should consult with a lawyer before relying on any of the information contained in this blog post. We can be contacted at (403) 981 0700 to set up a consultation with one of our lawyers who can review the specific circumstances of your matter and provide you with personalised legal advice.