Friday, January 26, 2018

Tips for Choosing a Whitby Law Office






There's more to choosing a law office in Whitby to manage your legal matters than just selecting those that handle a lot of high-profile clients. While having popular clients usually means that the law firm has highly qualified attorneys, it doesn’t necessarily follow that any of those lawyers are the best fit for you.




It’s not wise to make any decision based solely on the law firm. Instead, focus on finding a good lawyer, whether he or she is part of an established law office or a sole practitioner. A good attorney who has the right combination of expertise, professionalism and trustworthiness can make all the difference in helping you win your case and make the whole experience a pleasant one for both of you.




Take the necessary steps to help ensure that you choose the right firm for your legal situation.




Determine what type of legal service you need




Different law offices house many lawyers that specialize in different practice areas, such as business law, employment and labor law, tax law, personal injury law, family law, estate planning law, immigration law, and many other areas of law. Understanding the different legal practice areas and what they cover can help you choose a specific lawyer to handle your legal matter. Business attorneys, for example are highly specialized in corporate laws governing new businesses, small or medium-sized companies and large corporations and can help you with business taxation issues or assist with mergers and acquisitions. Some business lawyers are also specialized in Intellectual Property Law and can handle issues pertaining to copyrights, patents, trademarks to help protect the intellectual capital of the business.




If you need help with transactions that involve the buying and selling of your home, then a residential real estate attorney can give advice on real estate liens, help you understand your home purchase agreement before you sign or manage disputes you may have with neighbors over real estate boundary and property lines.




If you are seeking legal representation to handle a claim involving a medical malpractice, car accident, defamation and invasion of privacy, and other accident or serious injury claim, then you will need to hire the services of a personal injury lawyer, also known as a plaintiff lawyer or trial lawyer to help you get legal remedy for all losses you have sustained as a result of the accident or other incident caused by another party.




Find a lawyer you can work with




Choosing a lawyer you trust and can communicate with is crucial. Your legal matter may deal with highly sensitive issues and you may need to disclose confidential or embarrassing information to your attorney to help in the defense of your case. It will help if you have a close and harmonious relationship with your lawyer so you can both understand one another and communicate well.




When interviewing potential candidates, always make sure to ask these questions:





  • Can the lawyer explain things in a way that makes sense to you? 
  • Does he or she listen to you?
  • Was the lawyer able to answer all your questions? 
  • Does the lawyer empathize with your situation? 
  • Do you feel comfortable talking to him or her and feel like you can trust this person?




Do not hesitate to ask any other questions that you think are pertinent to your particular situation. This will help you form your first impression of the lawyer you are considering and help you get a feel of whether the both of you will be able to work well together.




Choosing the best law office in Whitby for your legal needs is a very important decision to make. The best move is to always take sufficient time to gather information about the firm’s reputation, resources and manpower and that you make sure to meet with each potential candidate before making any final decision. Remember that your focus is not on your relationship with the law firm but with your lawyer, so always take the initial consultation as a way to assess who among your prospects have the legal skills and personal qualities that will best serve your needs.

Monday, January 22, 2018

3 Things to Consider when Choosing a Toronto Estate Planning Lawyer

Finding a Toronto estate planning lawyer who can help you put together a good estate plan can be a very difficult task, especially when you have limited idea about what needs you have to be concerned with when planning your estate. The right lawyer can help you make sound decisions when you are developing an estate plan and will make sure that all the appropriate details are in place to protect your family and legacy in the future.




Choosing the right person involves a great deal of careful consideration. You can’t simply go on the internet or the Yellow Pages and choose the first name that you see. Keep in mind that anyone can buy ads and advertise themselves as the best estate lawyer in your area, but they actually have little or no experience in this area of practice..




There are certain factors that you’ll need to take into account to help you make the right choice:




Choose an attorney that you are able to share lots of personal information with




The process of estate planning covers virtually every area of your life. You’ll need to disclose sensitive information about your finances, properties, insurances, investments, businesses, family relationships, medical issues, and your plans and goals for the future so that your lawyer can provide proper guidance and advice when planning your estate.The more comfortable the attorney-client relationship, the more at ease you can open up about yourself, and the more information you give your lawyer about yourself, the better he or she can help you fully plan out your estate. It’s also wise to take into consideration that the lawyer you choose can get along with other members of your family particularly since they will need to work together to carry out your wishes after your death.






Choose a lawyer whose primary focus is on estate planning




Estate law covers a very broad category that includes estate planning, estate and trust administration, probate, elder law and more. There are estate lawyers who specialize in more than one area and others who have more expertise in specific issues. Each practice area requires extensive knowledge of the particular area of law, including rules and regulations for interstate succession which will vary from state to state, tax consequences of gifting property, and the necessary requirements for creating a valid will.




Ideally, you'll want to hire an estate planning lawyer who regularly handles transactional side of estates, but who also knows enough about other areas of law so he can cross-check whether a particular plan or action might conflict with certain legalities in other fields. It’s important to choose an attorney who regularly practices in this field so he stays knowledgeable on the latest updates concerning estate law and keep up with applicable changes to the law and what effects it might have on your estate.




Choose an attorney who can meet your special needs




During the estate planning process you may have specific requests and an attorney who is able to accommodate these special needs is more likely to be a better fit for you.




  • Do you need an attorney who can speak a certain language you are more comfortable using other than English?
  • Is money tight and you need to find a lawyer who charges a moderate fee?
  • Do you need wheelchair accessibility when you visit the lawyer’s office? 
  • Does planning your estate require an attorney who is familiar with estate laws in multiple states? 
  • Do you prefer a lawyer who works nearby so you can communicate face to face on a regular basis?
  • Is it okay for you and your lawyer to communicate by phone, email or web calls from time to time?



You can successfully find the right estate planning lawyer in Toronto if you take sufficient time to evaluate your needs carefully and screen prospective candidates thoroughly. Don’t hesitate to ask questions during your initial meeting as this will help ensure that you will hire an attorney that you can trust with the security of your hard-earned assets and property and that your family is protected from trouble in the future.

Wednesday, January 17, 2018

When Do You Need a Toronto Bankruptcy and Insolvency Lawyer?


Many people looking for a solution to their debt problems think about filing for bankruptcy to get immediate debt relief. For many contemplating it as a way out of financial trouble, one of the very first things they usually do is to find a Toronto bankruptcy and insolvency lawyer. It is a common misconception, perhaps because they think that it is the same process as in the United States where a lawyer is needed to file for bankruptcy.




Under the Bankruptcy law in Canada, however, only a Licensed Insolvency Trustee is licensed by the Office of the Superintendent of Bankruptcy (OSB) to administer specific types of insolvency procedures for a debtor. These procedures include:





Bankruptcy – A legal process where assets of an individual or company are applied to pay off creditors.


Consumer Proposal – A legal alternative to bankruptcy where an offer is made to creditors in an effort to settle the debt.


Receivership – A legal procedure available to companies that have financial problems. Assets of the company are turned over to an independent third party receiver or an official appointed by a bankruptcy court or a secured creditor. The Receiver, who must also be licensed as a Licensed Insolvency Trustee by the Office of Superintendent of Bankruptcy, is in charge of liquidating all assets to ensure that as much debt as possible is paid back to creditors.





Insolvency lawyers cannot file a bankruptcy or consumer proposal or act as a Receiver. They can give advice on bankruptcy matters but will have to refer you to a Licensed Insolvency Trustee who can provide more in-depth information and guidance about other debt relief options, in particular, the consumer proposal and bankruptcy processes.




The primary reason why the Canadian bankruptcy system is set up in this way is to help lower the costs associated with filing for bankruptcy or even a consumer proposal. Bankruptcy lawyers are highly specialized in insolvency law, which makes them very expensive. In fact, a big part of costs in any legal proceeding goes towards attorney’s fees. So, by not involving lawyers in the insolvency procedure, all related costs are reduced to the lowest amount possible and, in turn, more money can be paid to the creditors.




Trustees, on the other hand, are mostly professional accountants. Their accounting designation and extensive financial training and experience make them uniquely qualified to provide comprehensive financial advice to people who need help with restructuring their debts. They have licensed debt experts who can guide you not just with bankruptcies and consumer proposals, but with other formal debt relief methods as well to eliminate your debt such as credit counseling or a debt management plan (DMP). Trustees will generally cost you less because their fees are regulated by the federal government.



In most cases of personal bankruptcies, insolvency lawyers do not get involved at all. Only the Trustee manages the entire insolvency proceeding from start to finish. If the case involves any contentious issue, the trustee will advise that you hire an attorney to challenge the matter and make an argument on your behalf. However, a client may choose to retain an insolvency lawyer throughout the entire proceeding to work alongside the trustee, particularly if the case involves a fairly large amount of money and very complicated financial issues.




If you are undergoing a bankruptcy, a Toronto bankruptcy and insolvency lawyer can give the added protection of providing you with independent legal advice in case you may need it at any point in the process. A specialized attorney can work together with your trustee and give you a double dose of expert opinion on how to resolve your financial problems and ensure that your rights as a debtor are not abused.

Monday, January 15, 2018

Don’t Hesitate to Get Professional Help from a Toronto Tax Litigator



What do you do if you have received a Notice of Assessment or Reassessment from the Canada Revenue Agency, and you believe that they are wrong and that you should not be paying so much? The first thing you should do is consult with a Toronto tax litigator who is a specialist in tax law and who can counsel and represent you in resolving tax disputes.




When Canada Revenue Agency (CRA) has a question on your tax report, they will issue a notice of reassessment. If you disagree with the CRA, you definitely have the right to dispute this decision, following certain rules and procedures. It is prudent that you get professional advice at this stage of your tax problem. An expert tax lawyer can provide a clear interpretation of the law and inform you whether there are grounds to fight the tax assessment and if you have a realistic chance on objection or appeal.




Resolving a tax dispute may require discussions with the CRA, or involve a written appeal to the Appeals Office, or, potentially, litigation before the Supreme Court of Canada, the Federal Court of Appeal, or the Tax Court of Canada. Either way an attorney specializing in tax disputes may assist in many ways.




He can simply serve as an advisor to the taxpayer and to his or her accountant and provide his expertise regarding substantive tax laws that can support the tax controversy. He can also offer insights on how the CRA works and how decisions and approvals are made inside the CRA and make recommendations on how to best deal with revenue agents. He can help formulate an audit strategy and review all the issues and the potential issues that could arise during the examination process.





If you decide to pursue a review of the CRA assessment in the federal, state or local court, a tax litigation attorney is very experienced in pursuing administrative or judicial appeals and can play a leading role in helping you fight for justice in Court in order to obtain reduced interest, lower penalties and a fair and reasonable repayment term. In addition, a tax attorney can help you in planning transactions in order to ensure that you comply with state and federal laws to avoid future disputes.






Highly specialized tax litigators can also assist you in criminal tax matters, such as criminal tax fraud or tax evasion charges. If the CRA accuses you of willfully violating the tax laws such as:


  • Intentionally understating your income 
  • Failing to file tax returns 
  • Hiding income and/or assets 
  • Engaging in and concealing illegal activities 
  • Failing to make estimated tax payments 
  • Filing false documents 



A tax litigator can provide skillful representation in criminal investigations by the CRA, the Department of Justice, or other state taxing authorities. A knowledgeable attorney understands the court system and can help you go through the complex process of criminal trials, sentencing proceedings, and appeals.



Canada Revenue Agency is bound by the law to administer and enforce our income tax system as set out in the Income Tax Act. If they have a question and come at you, you can’t simply ignore your tax situation and hope it will just go away. Matters involving tax litigation can have serious consequences to your business or personal finances. You can face potential jail time or be penalized with significant fines. No matter the breadth of your tax issues, a Toronto tax litigator can help you navigate all stages of tax litigation and dispute resolution, including audits, objections, and appeals before the courts and make a difficult process easier to handle.

Friday, January 12, 2018

Hiring the Right Civil Lawyers in Toronto to Win Your Case


Civil lawyers in Toronto regularly deal with non-criminal disputes. They solve problems or private complaints between individuals and/or businesses or organizations who are embroiled in a civil lawsuit and are seeking some form of compensation, whether monetary or otherwise, instead of criminal sanctions.





Civil attorneys focus their practice on civil law, which covers all laws except criminal, military, or political law. A civil attorney can be specialized in one or two areas of civil law, such as business law, corporate law, intellectual property law, family law, personal injury law, probate law, real estate law, tax law, contract law, labor law, environmental law, art and culture law and other specific areas of non-criminal law.





A civil lawyer can help individuals with a wide range of civil transactions depending on his area of practice. He can simply provide you with legal advice or representation in legal proceedings if you need it, but it’s essential that you go to the right type of civil attorney who is well-versed for your specific needs. For instance, if a creditor sues you an experienced consumer attorney can help you evaluate your personal circumstances and determine if the creditor has a strong case against and then recommend the best course of action you can take. If you are seeking tax planning advice and tax planning solutions, then you should go to a civil lawyer who specializes in taxation laws. A civil attorney who has focused his practice in family law will be able to help you out if you are filing for a divorce or seeking custody of your child. If you get injured in an accident and you want to file a lawsuit to seek damages, you will need the services of a civil lawyer who has knowledge and experience in personal injury lawsuits.



Civil lawyers can also play a prominent role in many business matters. If you are starting a small business, for instance, you need competent advice from a business lawyer to help you choose the right legal structure for your new business and even assist you in obtaining licenses and permits. Corporations are complex types of businesses and may involve a cross-section of legal areas, such as antitrust and consumer protection laws, contract law, employment law, environmental law, finance law, and tax law and may greatly benefit from the guidance of a civil attorney who has special knowledge of corporate law, and may even need several attorneys who have specialization in the areas of law that apply to the business to help protect it from costly civil law litigation. When your business has been sued, a civil litigation lawyer can work with you and assess the potential liability exposure on the case and help you figure out how to respond to the lawsuit. Corporate real estate transactions are complex business deals that may involve many different undertakings, such as purchase and sale agreements, lease transactions, secured and unsecured transactions, escrow transactions, and a corporate lawyer who is well versed in all transactional and non-transactional aspects can competently manage the whole range of commercial, banking, and tax liabilities which need to be taken into account.





Civil lawsuits are complicated. They involve many steps, require all kinds of forms, adhere to strict timelines and follow rigid procedures. Canadian courts usually require individuals and business entities to retain a lawyer to represent them when they are under a civil dispute. In almost every instance, it’s best advised to hire civil lawyers in Toronto who have the right skills and experience necessary to win your case.

Wednesday, January 10, 2018

Finding the Right Family Lawyers in Toronto




In a very challenging time when your family’s peace is at stake like when you are going to have a divorce or you are faced with any other related family-oriented legal case, finding the right family lawyers in Toronto so you can have a dependable legal representation in court can be considered as one of the wisest, first action you can take. Similar legal issues concerning one’s family like separation, child custody, divorce, and the like are not at all that easy to handle. They will put you in a tight and disorienting disposition, hence you will need a good, practical help in the form of legal assistance. They will all necessitate from you a bunch of requirements that you will need to comply with. All these and aside from the fact that you will also have to commit time, effort, energy and money on them.




If you find yourself trapped in a legal quandary involving your family, you need the services of a Family Lawyer who will take on the legal representation in court for you. These professionals are considered as legal experts since they are knowledgeable in handling court issues that revolve around the Family Law.




It is given that no one can handle the complexities of a legal case on their own, it is then necessary to enlist the services of a Family Lawyer to help you get by. The following points will help you understand why you need to hire a Family lawyer:




You will have less effort to Exert





If you enlist the legal services of a Family Lawyer, he will practically handle everything for you. Entrust and commit your case to your enlisted family lawyer, so he will take charge in handling all engagements on your behalf. Practically speaking, you just need to wait and be on standby for further instructions.




Save on Costs





Enlisting the help of a Family Lawyer who has a broad range of experience in that specific legal process that you are currently having will help you save on costs for unnecessary legal processes. The greater majority of Family Lawyers of today will provide you with affordable legal assistance. You will save significant amounts of money on the lawyer and legal process fees if you know how to carefully choose a competent Family lawyer to handle and manage your legal case.





Save Your Time





With all the legal technicalities running in your head, the addition of several paper works might be too much for you to bear. Hiring a lawyer with a relevant background of expertise in Family Law would be helpful because he can indeed help you secure and submit a certain number of legal requirements which you might not be able to take charge at all by your own. Besides, technically you will not be familiar with them. Afterwards, should there still be additional remaining requirements they can be efficiently handled by him later on.




If you are facing a legal issue concerning your family or it involves the Family Law, you will have no choice but to commit time and evaluate your disposition whether or not you will need a legal representation. The ultimate benefit you will get from finding the right Family Lawyers in Toronto is they will take all the burden away from you since they have the legal expertise and experience to handle such court cases.

Tuesday, January 9, 2018

What Does a Toronto Insurance Defence Lawyer Do?







An insurance defence lawyer in Toronto focuses his area of practice on defence work relating to legal issues on insurance policies and claims. A lawyer who practices in insurance law offers legal advice and advocacy in matters pertaining to general liability, property and casualty claims, professional errors and omissions insurance, directors and officers insurance, bad faith claims, class actions and all aspects of associated coverage issues.




Specialization


There are many different types of insurance, health insurance, home insurance, vehicle insurance travel insurance terminal illness insurance flood insurance, earthquake insurance, mortgage insurance, lenders mortgage insurance, liability insurance, business owner's policy, chargeback insurance, etc., and each type of insurance covers different aspects of people’s life. Generally, insurance defence lawyers have the specialized education and training relating to some aspect of insurance law. Personal injury and medical malpractice lawyers, for instance, is knowledgeable about medical insurance law. Similarly, auto accident insurance lawyers are familiar with the laws relating to life insurance and accident insurance. In the same way, real estate attorneys are very educated on legislation relating to homeowners' insurance policies. Also, probate lawyers routinely deal with different types of life insurance arrangements and may be called upon to help beneficiaries claim the payments from life insurance policies.





Job Responsibilities


Insurance defense attorneys can either work for a law firm that is contracted exclusively by an insurance company or they can be hired directly by an insurance company to work in its legal department. The work involved in insurance defence tends to be high volume and can range from the routine, such as reviewing documents and analyzing state regulations to actually participating in litigation.




One primary function is to investigate the validity of a claim made against an insurance policy. This will involve evaluating policyholder liability and determine any coverage issues to make certain that the claim being made is something that is accurately covered in the terms of the insurance contract.



Insurance defense lawyers are also responsible for reviewing whether the types of contracts and business practices that the insurance company they work for complies with industry regulations. Insurance legislation may vary from state to state, so insurers must be certain that all policies meet the terms and are in accordance with the law.



When a lawsuit is ultimately filed, case management becomes another critical function of an insurance defence lawyer. This involves hands-on responsibilities for preparing the defense of a lawsuit such as tracing documents, marking calendar entries and tracking deadlines for cases.



Another key responsibility in insurance litigation is reviewing records and documents that are relevant to the lawsuit. The defence lawyer will go over case files, medical records, manufacturer's warnings, and other applicable documents and then prepare a chronological record of things as they happened, which will include extensive knowledge of procedures and terminology.



These are just some of the typical tasks that a Toronto insurance defence lawyer carries out on a regular basis. The practice of insurance defence covers a wide area and the legal issues are particularly complex, finding a good lawyer will be your very best defense toward resolving your legal issue.