My friend Miguel came by and told me to tune into Global to watch Shark Tank.  Who was pitching?  Why none other than Legal Grind.  I had come across their idea while doing research prior to launching Dynamic Lawyers.  I thought: that was a cool idea.   Here’s what their website says about what they do:

“Legal Grind® incorporates the comfort of the coffeehouse setting with the support of a legal resource center to offer the ordinary American access to objective legal advice. In addition to affordable legal advice, Legal Grind® offers consumers a cost-saving opportunity to identify and select specific areas of their case in which to receive legal help or representation.”

So here’s an unbiased synopsis of what happened on the show:

• Jeff and Annie Hughes came out.
• They wanted $200K for 15% of their business.
• Jeff mentioned how, 17 years ago, he graduated from law school and spent a lot of time at a coffee house (more than in a court house).
• Then the idea came: a coffee house could deliver legal services to the middle class.
• With the help of his family, he opened up Legal Grind in Santa Monica, California in 1996.
• Now they wanted to franchise Legal Grind.
• The sharks didn’t go for the idea.
• Why?  Well, the sharks felt there were issues with: the amount of money the business had previously made, why the combination of coffee and lawyers, the marketing plan, the risk of having non-lawyers (legal document assembly employees) give legal advice, the proposed use of the $200K, and the ability to replicate the business through a franchise model.
• Importantly, the sharks agreed that a legal services business could simply be provided ONLINE without the brick and mortar costs!!!
  

I was smiling ear to ear when I heard the sharks recommended an online legal services business to cater to the middle class….Dynamic Lawyers anyone?

Maybe I should apply to be on Shark Tank and ask for a whole bunch of their money?

written by admin \\ tags: legal grind, shark tank

Good friend and fellow blogger Omar Ha-Redeye brought Gowlings Trendwatch to my attention today and I thought I should mention it here.  This is a pretty cool and professional way for Gowlings’ lawyers to showcase their knowledge through videos and pdfs.   Topics (at the moment) include the Americanization of Canadian class-actions, the HST which is set to come into effect in certain Canadian jurisdictions, and Canadian advertising laws for Americans.  It’s interesting to note that the videos are not available on YouTube (perhaps yet?) and that you can only access them by going to their website.

written by admin \\ tags: gowlings trendwatch

DISCLAIMER: THIS POEM IS PROVIDED MERELY FOR AMUSEMENT.  THE EVENTS AND CHARACTERS DEPICTED HEREIN ARE FICTIONAL AND ANY RESEMBLANCE TO PERSONS LIVING, DEAD, OR FICTIONAL IS COMPLETELY COINCIDENTAL…

Graidy White

He’s tall and dark with piercing eyes and a smile pearly white.
His slicked back hair ends in flare and his navy suit fits right.
His letterhead and business cards state he’s: “Graidy White,
Litigator | Barrister.  Always ready for a fight”.

Hungry for Work

Recently called, Graidy White wants to make his mark.
He passed the bar without a scar and like a hungry shark
Craves the large and complex fish (unassuming in the dark)
To sink his teeth in legal briefs with outcomes not so stark.

The Office

To show his credibility, he’ll need a space to please
The gaze and earn the praise of clients paying out his fees.
He’ll get a desk and chairs that match, and hang up his degrees
And add a family frame to claim he’s more than expertise.

The Bills

Before he starts though, Graidy White feels an eerie chill,
As letters pile with a smile asking for the bill.
There’s dues and rent, E&O, and salaries to fill,
And so inclined he’ll put his mind to tackling that hill.

The Marketing

His clients swim in depths, both traditional and new.
So he’ll lurk and work the fancy waters calm and crystal blue
And add an online presence – so he’ll blog and twitter too.
And glide through murky tide ’til a client comes in view.

…

written by admin \\ tags: law poem

So yesterday, I appeared on ThatChannel.com‘s Liquid Lunch with Hugh Reilley.  Hugh and co-host Rose interviewed me on all things Dynamic Lawyers.  Here’s the interview in all of its glory:

Part1:

Part 2:

written by admin \\ tags: dynamic lawyers in the news, Michael Carabash, that channel, thatchannel.com

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only.  If you need legal advice with respect to drafting, reviewing, interpreting or resolving disputes concerning partnership and limited partnership agreements, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).  We have Toronto, Ottawa, Hamilton, Mississauga, Brampton, and other Ontario business lawyers registered on the website who can answer your questions or help you with your partnership and limited partnership agreements.  I should know – I’m one of them and you can contact me directly.

In this blog, I’ll be discussing some of the things you should think about concerning terminating the limited partnership.

Recall that the limited partnership is governed by the Limited Partnerships Act and the terms and conditions of a limited partnership agreement.  So those are two sources that could govern the intended or unintended termination of a limited partnership.

Cancellation vis-a-vis Limited Partnership Agreement
Sometimes, the limited partnership agreement that governs the conduct of the parties to a limited partnership will deal with the issue of termination.  For example, termination may arise as of a certain date, after a certain time (e.g. 5 years), on the occurrence of a certain event or situation arising, or upon agreement in writing (for example) by all of the parties.  There may be notice requirements that must be followed with respect to the latter.  There may also be issues as to how many (e.g. majority, unanimity) of the partners – be they limited or general – are capable of requesting termination of the limited partnership.  A limited partnership agreement may also discuss those not so great situations where the limited partnership is terminated for ’cause’ (i.e. because of an act or omission of one of the partners).

Cancellation vis-a-vis General Partner
First, under this Act, a limited partnership is dissolved on the following events happening to the general partner:

• death of a general partner
• mental incompetence of a general partner
• dissolution of a corporate general partner

These things being said, any remaining general partner can continue the business of the limited partnership IF it has right to do so in a partnership agreement and the consent of all remaining partners is obtained. So what if all the partners in the limited partnership agreed that a majority of the remaining partners – not unanimous consent – was required?  What if they agreed to that unanimously in a limited partnership agreement?  That’s an interesting point.  Just to clarify: the idea is that any percentage less than ALL of the remaining partners can consent to a remaining general partner from continuing on as the general partner.  Can this be done?  Some might say: couldn’t those remaining partners simply consent that not everyone’s consent is required in these circumstances?  Perhaps majority consent?  Recall that limited partnerships are also governed by the Partnerships Act, which says that the default clauses of that Act can be varied by the consent of all the partners: s. 20.  But the problem with that is that the Partnerships Act only applies insofar as it does not conflict with the Limited Partnerships Act: s. 46.  Since the Limited Partnerships Act doesn’t allow for partnership agreements to vary the requirement that ALL remaining partners consent (as discussed above), you’d be violating this statute by doing otherwise.

Interesting (or mind-bogglingly confusing) stuff, eh?

So how could a general partner be dissolved if it’s a corporation?  Well, it could be dissolved for failure to comply with corporate or tax laws.  It could also be dissolved by court order under the relevant statute.  It could be wound up as part of an agreement by the shareholders (e.g. pursuant to the terms of a shareholders’ agreement).

Cancellation vis-a-vis Limited Partner
Limited partners can try to dissolve the limited partnership through a court order: s. 10(c).  That said, this right should be looked at in light of the limited partnership agreement, which may create contractual rights between the parties concerning the dissolution of the limited partnership by applying for a court order.

A limited partner also has the right to have the limited partnership dissolved and its affairs wound up where the limited partner is entitled to the return of its contribution but, upon demand, that contribution is not returned to the limited partner.  Note: I’m curious as to what form the demand must take and how long it must go unreturned for this provision to be applicable.   Just some side-thoughts….  Furthermore, a limited partner can have the limited partnership dissolved if the OTHER liabilities of the limited partnership have not been paid (i.e. not liability to the limited or general partners) or the limited partnership assets are insufficient for their payment and the limited partner seeking dissolution would otherwise be entitled to the return of their contribution. I know that’s a mouthful, but you get the idea: (1) OTHER liabilities have not been paid and limited partner wanting dissolution would otherwise be entitled to the return of their contribution or (2) limited partnership assets are NOT ENOUGH to pay OTHER liabilities and the limited partner wanting dissolution would otherwise be entitled to the return of their contribution.

Filing Declaration of Dissolution
In these three examples (i.e. termination pursuant to agreement, or dissolution because of something to do with the general or limited partner), the limited partnership must file a DECLARATION OF DISSOLUTION with the registrar under the Business Names Act.  This declaration must be filed when the limited partnership is dissolved or when all of the limited partners cease to be limited partners: s. 23 of the Limited Partnerships Act. Furthermore, the declaration of dissolution must be signed by at least one of the general partners.  When it’s filed, the declaration of the limited partnership is canceled: s. 23(3).

Cancellation vis-a-vis Registrar
Under s. 23.2 of the Limited Partnerships Act, the Registrar under the Business Names Act can cancel a limited partnership declaration – thereby eliminating the limited liability enjoyed by the limited partners as of that point – for failure to pay the required fee.  This can only be done, however, if the Registrar gives the limited partnership 21 days notice of the intention to cancel.

At the end of the day, there’s a lot of guidance you’re going to need (going through the partnership agreement, the legislation, and shareholder agreement for the general partner, etc.) if you’re thinking about dissolving or terminating the limited partnership.  Your best bet is to get professional help: make a post on Dynamic Lawyers.

written by admin \\ tags: limited partnership, limited partnerships act, ontario limited partnership, partnership, toronto, toronto business lawyers limited partnerships, toronto limited partners, toronto limited partnership lawyers

Toronto criminal defence lawyer Adam Goodman has put out a very informative and professional video on the criminal court process.  It’s 10 minutes and 47 seconds long and chuck full of the good stuff.   With his permission, here it is:

I was very pleased to see information like this being put together by lawyers.  It can help take away the mystique about the criminal court process.  Enjoy!  Remember: it’s not legal advice (it’s legal information and provided only for educational purposes).  If you need to speak with a criminal law lawyer, you can make a post on Dynamic Lawyers.  If you would like to contact Adam directly, you can do so by contacting him here to arrange for an initial consultation.  Thanks Adam and keep up the great work!

written by admin \\ tags: adam goodman, criminal defense lawyer, the criminal court process, toronto criminal defence lawyer, Toronto criminal law lawyer

So we’ve not completed the following legal form packages:

• Confidentiality and Non-Disclosure Agreements
• Settlement Agreements (e.g. Auto-Accident Settlement Agreement)
• Powers of Attorneys

They will be available when we launch our legal forms initiative next month.  We’ll be adding an independent contractor agreement and a residential lease agreement as part of the launch as well.  In terms of price, we’re looking to sell each package for between $30 and $40.  Trust me: it will be well worth it.  We have drafted, simplified, and revised these legal forms.  They are more robust yet simpler than anything else out there on the internet.  That, plus the fact that they come with guidance (eBook and VIDEOS) will make this Dynamic Lawyers the place to go for professional, affordable, and customizable legal forms….VERY EXCITING!

written by admin \\ tags: Dynamic Lawyers, eBook, guidance, legal forms, videos

Just a quick update on our upcoming release of Legal Forms + Video Guides.   We’re working with our coder on updating the website.  We’ve completed a few forms and eBooks (to go along with the forms).  Finally, we’re doing something revolutionary: we’re adding videos to help guide you through the form.  Taken together, this package will be unlike anything that’s currently available.  So if, for example you can’t afford to hire a lawyer to prepare a Confidentiality and Non-Disclosure Agreement, then do it yourself by purchasing the package…The pricing will be around $30-$60 plus taxes, depending on the package…Very exciting!

written by admin \\ tags: legal forms

Please keep in mind that this is not legal advice.  The information provided herein is for educational purposes only.  If you believe you require assistance in reviewing, drafting, negotiating, etc. a Confidentiality and Non-Disclosure Agreement, then you are encouraged to seek a professional (e.g. make a post on Dynamic Lawyers).  You can contact me directly as well.

As a follow up to one of my first blogs ever on Confidentiality Agreements, I thought I should add a few thoughts seeing as how I’m currently drafting a Confidentiality and Non-Disclosure Agreement as part of Dynamic Lawyers’s new legal forms project.

First, there’s basically two kinds of confidentiality agreements: one-sided and mutual.   The one-sided confidentiality agreements are basically in favour of the discloser and at the expense of the recipient.  This type of agreement makes sense in certain situations (e.g. the discloser is providing the recipient with proprietary information that is not in the public realm).  But there are also mutual types.  These allow for both parties to share and be equally responsible for the use and protection of the confidential information they provide each other.  This type of agreement is used when parties are examining each other for the purpose of doing a transaction, merging, or engaging in a joint venture (for example).

Moving on, there’s a whole bunch of things that typically go into a confidentiality agreement, namely:

• Background information
• Definition of confidential information
• Definition of what is NOT confidential information
• Term
• Termination
• Who owns the confidential information
• Obligations of recipient of confidential information
• Compelled disclosure
• What happens in case the confidential information is lost or inappropriately disclosed
• Return or destruction of confidential information
• Remedies (e.g. injunctive relief)
• General terms (there are a lot of them, which I won’t get into here)
• Etc.

You may think that entering into a confidentiality and non disclosure agreement is a simple matter, but there are many issues that you need to be aware of.  For example, do you want to put stringent timelines on the requirement for the recipient to return or destroy confidential information, or should they be held to a “prompt” or “in due course” standard.  Language is everything here!

Be sure to have a lawyer draft or review your confidentiality agreement as it may contain things you didn’t expect like: non-compete or non-solicitation clauses!

In case you’re looking for an Ontario Mutual or One-Sided Confidentiality Agreement, then look no further:

Confidentiality and Non-Disclosure Agreement (Mutual)

This Agreement can be used to restrict both parties’ use and disclosure of confidential information that is being provided to it. If only ONE party is sharing confidential information and want to restrict the other’s use and disclosure of that information, then you can purchase a ONE-SIDED Confidentiality and Non-Disclosure Agreement:

Confidentiality and Non-Disclosure Agreement (One-Sided)

Here’s the sample Video Guide that comes with the Confidentiality and Non-Disclosure Agreement (Mutual):

Here’s the sample Video Guide that comes with the Confidentiality and Non-Disclosure Agreement (One-Sided):

All of Dynamic Lawyers‘ legal forms are lawyer-prepared, simple to read, easy to customize, and only a fraction of the price a lawyer would charge. Also, each legal form comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that sheds valuable insight into how legal forms can be challenged. What are you waiting for? Best of all, if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

written by admin \\ tags: confidentiality agreement, confidentiality agreements, confidentiality and non disclosure agreement, legal forms, non disclosure agreement

It’s been a long-time coming.  But we’ve finally decided to move forward on a new project: downloadable legal forms.  We’ve done our homework and we’re going to start making common and simplified legal forms available for purchase through Dynamic Lawyers.  We will be launching our first set of legal forms and guides (videos, ebooks, etc.) starting next month.  These forms are prepared by lawyers, easy to use / customize, and can be accessed instantly.  We are starting from scratch and putting together SIMPLIFIED legal forms that many people can benefit from.  But wait: there’s more!  We’re also going to be providing guidance (in the form of eBooks, blogs, articles, and videos) on what these legal forms are all about and how you can use them.  While nothing beats engaging a lawyer to draft a custom legal form (sometimes, it’s needed because of complex issues, etc.), for those who can’t afford to spend hundred or thousands of dollars on legal forms, we’re hoping that this will provide an alternative to nothing…Let the countdown begin…

written by admin \\ tags: affordable legal forms, download legal forms, downloadable legal forms, free legal forms, legal agreements, legal depot, legal forms