How Commercial Litigation Lawyers Can Help Your Business

Commercial litigation lawyers generally provide legal representation to clients who are involved in a business dispute. These disputes can be between different companies, or between companies and individuals.

Over the course of every business’ life-cycle there comes a time when they will get in a disagreement with individuals and other companies which must be resolved by the courts or by an arbitrator. Minor disputes can perhaps slightly disrupt business efficiency and can be talked through and settled out of court. However, major conflicts like financial matters, product warranty issues, and contract problems that may cause consequential damage to a company's reputation and bottom line need more complex legal analysis and transactions and require the expertise of a business litigation lawyer to solve the situation in a timely and cost-effective manner.

Commercial litigation attorneys can handle different types of cases pertaining to commercial law including:

• Breach of contract claims
• Banking transactions and fraud
• Restraint of trade claims
• Intellectual property cases
• Mergers and acquisitions
• Company and shareholder disputes
• Directors disputes
• Corporate management and restructuring problems
• Insurance claims and disputes
• Professional negligence claims
• Product liability matters
• Unconscionable conduct cases
• Unjust enrichments cases
• Civil cases for regulatory violations
• Misleading and deceptive conduct cases
• Disciplinary hearings before boards and tribunals
• Lease disputes
• Strata title disputes
• Collections lawsuits
• Securities law violations
• Employment disputes
• Injury claims
• Trade secret disputes
• Representations and warranties
When your business is facing litigation a commercial litigation lawyer can help you with the following services:

• Provide representation to your company and make sound legal arguments in a dispute to assert your rights and make a claim for damages
• Provide counsel regarding potential claims against you
• Attempt to resolve the dispute outside of court through alternative dispute resolution such as negotiation, mediation and arbitration
• Help manage risk and avoid litigation in transactions and negotiations
• Provide guidance on which court to file your case in and whether it needs to be advanced to the specialist tribunals, local court, district court, supreme court, the federal court and the high court
• Enforce a judgement and cost order
• draft and serve a statutory demand
• Handle insolvency matters such as personal bankruptcy, corporate liquidation and actions against directors
• Provide effective legal counsel in internal business disputes involving shareholders, directors, officers or even among owners and partners
• Draft the necessary legal documents should the dispute progress to formal proceedings
• Provide guidance relating to what your obligations are for responding when a case is filed against you
• Handle the discovery process, conduct investigations, and interview witnesses to strengthen your case
• File necessary civil or criminal lawsuit against offending parties

Going to court can be very stressful and difficult for any business. If matters get complicated, it can drag on and become time-consuming and very expensive. It’s not something you want your business to go through and it’s definitely not something you as a busy business owner want to deal with on your own. You need the guidance, support, and counsel of qualified commercial litigation lawyers to make the process easier for you. They have the expert skill and knowledge to handle all types of disputes on your behalf, and will work to resolve them in your favor either through negotiating a settlement to keep the dispute out of court or by making compelling legal arguments to ensure that you obtain a  positive verdict at trial.

Do You Need to Hire Toronto Estate Lawyers to Make a Will?

Many of us who live relatively simple lives, with very few assets and some with no children, are likely to think that we don’t have to use the services of Toronto estate lawyers to write a last will and testament. The truth of the matter is that a will is a legal document and one wrong word or one missing signature can change its entire intention or purpose. So, it really helps to have an experienced attorney to guide and advise you in making such an important legal document in order to avoid unnecessary complications.

However, estate lawyers can charge very hefty fees depending on where you live. In Ontario, for instance, lawyers will charge fees ranging from $278 to $510 to do a simple will. It’s perfectly understandable that many Canadians want to find a cost-effective way to get their will done.

Here are some compromise solutions:

Using Attorney Packages

Some lawyers who specialize in estate matters offer estate planning packages or will packages.  You can choose from a Basic package which includes a personalized last will that is made specific to your state with free revisions of up to 30 days, a Comprehensive package which includes attorney consultations on your estate legal matters for up to 30 days, and an Estate Plan Bundle which includes additional services for a Financial Power of Attorney, a Living Will, end-of-life wishes and a Healthcare Power of Attorney. Some lawyers only offer one set that includes a last will and testament, a power of attorney, and a living will that are customized for your state. A will package can cost from C$29.99 up to C$105.80, depending on the package you avail. Although you don’t consult in person with an attorney, will packages are still reviewed and approved by lawyers based on your answers to a series of questions.

Attorney Consultation

Another cost efficient way to make a will is to use ready-made forms that are sold in stores or create one online in trusted and reliable lawyer websites, and then to just have a quick consultation with an attorney to review your completed document. This way you can pay the lawyer by the hour, which will be generally cheaper than paying a flat fee for consultation and writing a will and other basic estate planning documents. Hourly billing rates can range from $100 an hour up to $400 an hour or more, depending on where you live and the lawyer’s experience. An estate lawyer will be more knowledgeable and efficient than a general practitioner, and will probably charge more but paying for good advice to make sure that your will is  legally valid may be worth your peace of mind.

Legal Aid

All states offer legal aid to low-income individuals who need a basic will to address specific concerns relating to guardianship of their children as well as financial issues. The services are not totally free but the average cost is usually minimal.

A will, like any legal document, is not set in stone. Laws change, and your will needs to be updated and reviewed to reflect these changes, otherwise details can be contested in court. For this reason, you need to make sure to consult with Toronto estate lawyers in any way you can afford to in order to get the guidance and advice you need when creating your estate planning documents.

Reasons to Hire Toronto Insurance Defence Lawyers

Toronto insurance defence lawyers focus their practice on handling disputes relating to insurance law. They typically provide representation in court to protect the business interest of insurance companies and also to defend the rights of insured individuals who are faced with legal proceedings.

They handle a wide range of legal issues relating to individual or commercial insurance policies and claims, which may include some of the following:

●     Personal Injury

●     Homeowners’ Liability

●     Construction

●     Motor vehicle claims

●     Crop losses

●     Property damage

●     Property and casualty disputes

●     Insurance Fraud

●     Product Liability

●     Professional Malpractice

●     Employment

●     Uninsured and Underinsured parties

●     Insurance coverage disputes

●     Insurance claims handling abuses

●     Subrogation

●     Arson

●     Class action defence

●     Complex, multiparty litigation

●     General liability matters

●     Risk management and risk analysis

●     Special risks claims defense

●     Sports and entertainment events

As there are many areas of dispute covering many types of insurances so there are different types of insurance defence lawyers who are specialized in one or more aspects of insurance law:

●     Disputes that deal with medical insurance claims are usually handled by lawyers who are specialized in personal injury defense and medical malpractice defense.

●     Car accident defense lawyers represent clients in lawsuits related to auto accidents.

●     Real estate defense attorneys have expert knowledge on homeowners insurance and can defend clients in title insurance claims and other insurer liability issues.

●     Construction accident attorneys have specialty knowledge in workers compensation insurance and can protect your interests if you have been injured in a construction accident.

●     Bad faith attorneys can represent you if you feel like you have been treated unfairly by your insurance company.

They handle all aspects of litigation using several methods available for resolving disputes, including pleading, discovery depositions,settlement, appraisal, mediation, arbitration or trial in order to pursue the best possible outcome for their client.

Often we find insurance defence attorneys representing the insurance company whenever disputes arise between the insurer and the policyholder. These dispute cases may include:

Disagreements with the policyholder's coverage

The insurance company believes that the policyholder’s claim is false, frivolous, or made in bad faith

There is significant misrepresentation by the policyholder in order to receive compensation.

Compensation claims are considered excessive or unnecessary

Insurance companies also hire the services of an insurance defense lawyer to routinely review their policies and ensure that they are compliant with applicable state laws and regulations.

When an insured person is sued, the insurance company assigns a defense lawyer to represent the policyholder. The attorney is chosen based on the insurance company’s list of referred lawyers. This is to ensure that costs are kept to a minimum and that the rights and interests of both the policyholder and the insurance company are protected in such legal proceedings.

However, some policyholders choose not to use an insurance company-appointed lawyer and decide to hire their own attorney to make sure that they are protected fully. This can happen particularly when issues of conflict of interests arise between the insured and the insurer. In many  of these cases, the courts have allowed the insured person to hire their own counsel at the insurance company’s expense.

If you're worried about trusting your insurance company and you're not sure what your rights are, the best course for you is to consult with Toronto insurance defence lawyers who can explain the law and represent you in court. In any case, whether you need professional help to get an insurance claim or have to sue your insurance company, when you hire your own lawyer you will have an advocate for your rights and interests and have a fair chance of standing up against your insurance company.

Finding the Right Corporate Lawyer in Barrie for your Business

Hiring a good corporate lawyer in Barrie is critical for any sized business. Whether you are operating a start-up venture, a small company or a large corporation, legal matters that may arise throughout the course of your business can become a major expenditure, so it’s an extremely important decision.

Many entrepreneurs are sometimes reluctant to hire an attorney for their business for a couple of reasons. One is that business owners balk at the costs, particularly since lawyers have become increasingly specialized. Another reason is that many fear that lawyers will over complicate every decision they make and will only stand in the way with the growth of their business.

They won’t hesitate to hire an accountant early on as they believe that the business has greater need for someone to help layout the organization’s chart of accounts, check financial records periodically, and prepare the required federal, state and local tax returns. They fail to see, until they are being sued, that a good business attorney can provide valuable legal advice in almost every aspect of the business.

In a nutshell, every business needs a lawyer for a number of reasons, including some of the following:

• Creating a corporation or LLC

• Putting together a partnership agreement

• Negotiating business and employment contracts

• Drafting common business contracts

• Buying or selling your business

• Obtaining  public or private financing

• Drafting internal business policies and procedures

• Filing tax returns, licenses and other legal reports

• Drawing up basic documents such as minutes of formal meetings, articles of incorporation and bylaws

• Negotiating lease of office or retail space

• Obtaining patents, trademarks, copyrights, and trade secrets 

• Dealing with franchise and distributorship issues

• Managing pending or potential litigation

When finding the right corporate lawyer, competence is, obviously, the most important factor to consider. Big corporations typically retain a large law firm that has top legal talents with ample resources and expertise in numerous fields of law. Though it costs a lot of money to secure their services, it can be more advantageous for the business in the long run to have all the legal skills ready and available under one roof and to be able to leverage on the influence and power the legal firm has in the local, regional and even the national legal community, particularly when your business is looking for financing sources or seeking partnership arrangements.

Small to midsize businesses usually hire a general business lawyer or a general counsel, who has solid knowledge and experience in many areas of law, including corporate law, partnership law, labor relations and employment law, tax, contracts and debt collection. Keep in mind, however, that a general counsel may not have all the skills your business may need to grow. At some point, a general practitioner may have to refer you to a specialist or to  two or three or even more attorneys which could result in an additional amount of legal costs over time.

Small businesses also have prepaid legal service plans as an available option. These plans provide quality affordable legal services which includes unlimited telephone legal consultations and routine legal tasks, such as drafting basic contracts and equipment leases.

A good starting point for finding the right lawyer for your business is to ask relatives, friends and business associates to recommend one for you. Also, you can contact your local or state bar association or trade or professional organizations or chamber of commerce to ask for a referral. If you have acquaintances who are lawyers or paralegals, it’s good to ask them to recommend someone with the specialization you need.

Sooner or later, your business is going to need some type of legal representation. Finding a corporate lawyer in Barrie, who can anticipate and address the specific legal needs of your company, can prove to be a huge asset for your business.

Tips for Finding Wills and Estates Lawyers in Barrie

There are thousands of wills and estates lawyers in Barrie who practice a wide variety of Estate Law. Searching for the right one who can help you put together a foolproof estate plan may seem very challenging. But the task can be made easier, with a little help from several resources in your state you can easily find an attorney who can be a good fit for you.

Here are some reliable and trustworthy sources you can make use of:

Contact a lawyer from your local, county, and state bar associations

Each state has a bar association, for example in Ontario, there is The Ontario Bar Association (OBA), a branch of the The Canadian Bar Association (CBA) which lists  about two-thirds of all practicing lawyers in Canada. Another resource you can use is The Simcoe County Law Association (SCLA) which lists  attorneys and law firms specifically located in Barrie, Ontario and in other surrounding areas of Simcoe County.

Lawyers located in a certain city or county may also have their own bar associations, take for example the following localized groups:

• Ontario Trial Lawyers Association(OTLA), an association of lawyers acting for plaintiffs with attorneys from Ontario as well as out-of-province members from Newfoundland, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Manitoba, Saskatchewan and British Columbia, and even in the United States.
• Simcoe Trusts and Estates Lawyers Group (STELA), a group of wills, trusts and estates lawyers in Simcoe County.
• Toronto Lawyers Association, an organization for lawyers practicing in the City of Toronto

Also check out the membership directory of national associations like The Canadian Bar Association (CBA) and the Law Society of Upper Canada which can provide a very large database of member lawyers and their practice areas. You can check each lawyer’s disciplinary history, any restrictions on his or her practice, and other relevant information that can assist you with your legal problems.

Keep in mind that not every state certifies lawyers who specialize in trusts and estates or estate planning. Find out if your state does, and always go for lawyers with certification for added assurance of his or her qualification.

Get personal recommendations

Ask for several references from family members, friends or other people who have personal connections with you like co-workers who have hired a lawyer to help them create an estate plan or have an attorney who is in charge of their estate or trust. Make sure to talk with them about their own personal opinions about working with these lawyers, such as what things to look for, what questions to ask and how did they know if the attorney was the right fit for them. It’s likely that you would give these recommendations priority because they come from people who matter to you and whom you trust.

Referrals from other professionals

Estate lawyers usually work together with other professionals particularly those that assist in  fiduciary and trustee roles, including investment advisors, bankers, tax specialists and real estate professionals. If you know a banker or have a financial planner, ask them if they know a good lawyer they can refer to you who can help with estate planning.

Ask other lawyers you've worked with

Another good source to get several referrals is from other lawyers that you’ve worked with. A business lawyer whom you’ve hired to help you setup your business or a real estate lawyer who helped you review a contract when you were buying a home would surely be able to give you one or more names of lawyers with this particular area of expertise.

A word of caution, not all wills and estates lawyers in Barrie can capably handle probate and estate matters. Take time to choose carefully until you narrow your list down to three or four prospective candidates. Then, take even more time to do enough research and background check on the few candidates you have on your list until you figure out which one is the best for you.

What does a Toronto Commercial Litigation Group Lawyer Do?

The process of commercial litigation is when legal action is taken involving business transactions. In Toronto, a commercial litigation group lawyer is often consulted for legal representation and to help settle a dispute between businesses or between a business and an individual.

Many aspects of business are governed by commercial law, including advertising, marketing, selling, banking, bankruptcy, contracts, collections, securities, trade, etc., hence business issues will vary differently from each other. Although each will be very different in nature, the commercial litigation process, in general, will follow the same steps involved in a civil lawsuit – hiring a lawyer, filing motions, engaging in settlement negotiations, pre-trial, trial, settlement and appeal.

When a business engaged in commerce, merchandising, trade, and sale causes harm or damage to the rights, relations, and conduct of an individual or another business the injured party or parties has the option of filing a lawsuit against the other. The individual or business who instigates the lawsuit is referred to as the plaintiff, or claimant, and the business or individual that the lawsuit is filed against is referred to as the defendant.

As soon as a complaint is filed this starts the dispute process and the defendant will need to file a response to counter the complaint. To file a response, the plaintiff will need to employ a commercial litigation lawyer to ensure appropriate legal representation.

Commercial litigation lawyers provide professional advice to a wide range of clientele, including individuals, private businesses, startups, franchisors/franchisees, national and international corporations and government agencies. They tailor their approach to the needs of the client they are representing, whether as a single representative to a small enterprise or as a team of lawyers with large corporations. They are knowledgeable in all areas of business law and routinely handle both complex and common commercial disputes, some of which include:

•                    Antitrust

•                    Banking transactions

•                    Breach of contract

•                    Business torts

•                    Commercial leasing

•                    Construction liens

•                    Contract and joint venture disputes

•                    Corporate governance

•                    Corporate/shareholder disputes

•                    Creditors’ remedies

•                    Defamation and privacy law

•                    Distribution and franchise disputes

•                    Fraud and unfair competition disputes

•                    Injunctions and specific performance

•                    Insolvency/bankruptcy

•                    Insurance coverage

•                    Intellectual property

•                    International commercial disputes

•                    Mergers and acquisitions

•                    Professional negligence claims

•                    Real property disputes

•                    Representations and warranties

•                    Securities

•                    Trade secret disputes

•                    Trust and pension issues

To resolve a commercial dispute, commercial litigation lawyers make use of strategies such as a negotiated settlement, alternative dispute resolution methods (ADR) such as Arbitration and Mediation, or as a last resort, the courtroom. They will often choose to engage in pre-litigation settlement discussions to resolve disputes before filing for a lawsuit.

In the event a resolution proves impossible and court proceedings become necessary, the litigation team will advance the dispute to where applicable, federal, provincial, in the Supreme Court of Canada or in all regulatory and administrative tribunals.

Whether commercial disputes are settled in or out of court, litigators are assigned to manage all phases of the litigation process from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal and will spend much of the time taking depositions, interviewing witnesses, reviewing documents, writing briefs and visiting dispute sites. Their specialized knowledge, advocacy skills and experience in the courtroom can be counted upon to resolve issues and risks that can impact your business in times of trouble.

Commercial litigation involves federal laws related to commercial business transactions and is very specialized and very complex. An experienced commercial litigation group lawyer in Toronto can advise you of your legal rights and work with you on the most cost-effective strategy to resolve your dispute so that you can get back to business as usual right away.

How Toronto Corporate Lawyers Can Help your Business

Corporate lawyers in Toronto, and in other areas of Canada, build their careers working with a corporation managing the legal responsibilities and obligations that the business faces. Some may work at a law firm and be retained by a corporation, but they could work in-house either in a small corporation as the lone legal adviser, or with numerous other lawyers of different field specialties in the legal department of a large corporation. They can also be hired as a temporary contract lawyer, offering business advice to companies of all sizes on a few different projects, or on a single project for a longer period of time. Typically, the large corporations such as banks, insurance companies, hospitals, retail stores, oil firms, biotechnology and manufacturing companies, and energy and communications companies require corporate lawyers for full-time services. Small companies on a tight budget typically consult a lawyer on a need-to basis.

Corporate lawyers are highly specialized in various areas of corporate law, including contract negotiations, securities and tax law, code compliance, mergers and acquisitions, intellectual property, tax law, bankruptcy, financial reporting, employment, collections, patents and trademarks, real estate, incorporation, litigation, international commercial law and many other areas of specialization. Their tasks can be as routine as drafting standard contracts, or as rigorous as resolving conflicts or facilitating mergers and acquisitions.

Small businesses can benefit in many ways from a corporate lawyer:

1.            Obtaining advice on the best legal structure for the business. Choosing whether your business should be established as a sole proprietorship, partnership, corporation, or a Limited Liability Corporation can be complex. A corporate lawyer will be able to discuss with you all the legal and administrative requirements, tax consequences and liabilities of each to help avoid errors or omissions that may result in financial and tax penalties.

2.            Drafting and executing employment agreements. Employer and employee relationships are subject to certain labor and tort laws, that a carefully drafted contract can make a difference in protecting the interests of the business. A corporate lawyer can word the contract accurately and include important elements, such as a non-disclosure clause or a non-compete clause that benefit both employer and employee.

3.            Provide legal counsel in the event of a reorganization, merger and liquidation. Major changes in the structure of a company involves very complex transactions and numerous actions. Corporate lawyers can help facilitate activities such as the adoption of resolutions, drafting contracts, negotiating agreements and the completion of administrative paperwork that are related to corporate and tax matters.

4.            Exit strategies. Selling the business, retirement, or if a business partner dies or leaves the company can involve substantial personal and financial consequences. A corporate attorney can help you develop your exit plan well in advance and provide advice for business entity organization, structuring business operations and intellectual property development strategy to help you make the right decisions and maximize the value of your business.

5.            Represent business owners in equity transactions. A corporate lawyer can represent companies from the earliest stages of formation and through multiple rounds of innumerable corporate financings and provide necessary documentation for all financial transactions. They can provide legal advice on critical corporate legal issues so you can minimize risks and make informed choices to maximize the reward.

Whether you are operating a small business or a company with shareholders, Toronto corporate lawyers can only add value to your business. The invaluable legal counsel they can provide will ensure that your business risks are minimized and corporate functions conform to all local, state and federal applicable laws on every level so as to prevent legal problems that can potentially affect bottom line.