Richard Susskind – the man who influenced me to build and develop Dynamic Lawyers into what it is today – wrote a part in his book (“The End of Lawyers?”) that I want to discuss here for a moment.  That book is almost like a blueprint for me.  Heck, I even take that book when I go to media interviews.

There’s a part in that book that talks about online legal guidance.  He defines this as a disruptive technology that creates a paradigm shift.  Now you’re probably thinking: “What’s a disruptive technology and what’s a paradigm shift?”  Let me explain…  A disruptive technology, as Richard states in his book, is a technology that will disrupt the law firm (not the client).  This technology is new, innovative, and periodically emerge and fundamentally transform companies, industries, and markets.  A paradigm shift is a fundamental shift, transformation, evolution, etc. in the way something is done.  So with those definitions in mind…   Let’s get to the paradigm shift…

Before you would have to have face-to-face consultation with a lawyer (typically at their hourly rate).  So lawyers would have a monopoly over their knowledge and services.  Now, however, online legal guidance can be provided in a way that gives multiple people simultaneous access to a lawyer at a fraction of the cost.  Richard mentions a few examples, such as Linklaters, Clifford Chance, and American pioneer of online legal self-help, Rirchard Granat.

So onto my point…Dynamic Lawyers is offering legal guidance in various ways to compliment traditional legal services for those people who cannot otherwise afford a lawyer.  First, there’s the Craigslist.org-like make a post, get free quotes form local lawyers.  Lawyers compete so you win.  That’s a disruptive technology.  It sure beats having to go through the yellow pages or having to explain yourself on the phone to a lot of different lawyers. Next, there’s the free legal info that’s being provided through the DL Blog, the Legal Areas, the Stats and Reports, and through our affiliations with other websites (e.g. Legalline.ca, AdviceScene.com, IsThatLegal.ca, LegalTree.ca, etc.).  So prospective and actual users of legal services are becoming better educated.  Next, there’s the FREE Legal Health Checkup, an innovative way to check your legal health (and hopefully avoid nasty surprises later on).  Finally, our new Legal Forms + Video Guides project offers customizable and lawyer-prepared legal forms with a ton of guidance!

So there you have it!  We’ve got lots of more ideas, but we’ll focus for the time being on making the ones above even better!

DynamicLawyers truly is a disruptive technology that’s taking advantage of the paradigm shift we’re currently experiencing in the legal industry.

written by admin \\ tags: disruptive technology, dl, fundamental shift, lawyer, lawyers, media interviews, paradigm shift, Richard Susskind

As a follow up to my last blog about small claims court matters, let’s keep going…Remember: this isn’t legal advice.  It’s legal information.  If you’re looking for a small claims court lawyer in Ontario, make a post on Dynamic Lawyers.

Valuing the Claim
Remember: the amount of damages you suffered must be less than $25,000. If it is over this amount, you will have to reduce your claim to $25,000 exclusive of interest (pre and post judgment) and reimbursement of court costs or legal fees. If you are not prepared to reduce your claim to this limit, then you need to take your case to the Superior Court.

If you claim for more than $25,000 or if you split your claim into smaller portions, each under $25,000 but which altogether are over $25,000, you run the risk of having the Small Claims Court reject your claim, or a party challenging it.

The next question is how to quantify your claim. If your claim is based on an invoice or a contract price or a specific damage that is ascertainable, then you know the value of your claim. Enter this amount on the space provided on page 3 of the Plaintiff’s Claim that says “How Much?” Along with entering the amount of your claim, there is also a space on the form to claim interest. Interest may be based on an agreed upon amount (e.g. as per a contract) or in accordance with the current court rate (as per Courts of Justice Act).

If your claim is not based on an invoice or a contract price and is not readily ascertainable, then you can put down your best estimate of what your total damages will be when the dust settles up to the maximum $25,000. You can also claim interest on this types of damages.

When calculating your damages, some things to keep in mind are: out-of-pocket expenses, lost income, lost opportunities, loss of reputation, loss of value to property, etc. Emotional distress and psychological harm are not easily to quantify and there are stringent legal tests that must be met in order for a court to award damages on that basis. Besides, if you claim these latter types of damages, you may expose yourself to having to open up your medical history through the litigation.

…Next Up: Schedule A…

written by admin \\ tags: best estimate, contract price, court matters, courts of justice act, emotional distress, interest interest, invoice, judgment, lawyer, lawyers, legal advice, legal information, legal tests, plaintiff, pocket expenses, psychological harm, reputation, small claims court, superior court, types of damages

Part of the reason why lawyers are not good business-minded people as a profession is because they fail to understand and appreciate what building a brand means.  I’m sure you’ll get the same old boring answers if you ask lawyers what makes them memorable/different when compared to our competitors: “we are committed to client service through the delivery of affordable, practical, timely and exceptional professional solutions”.

But if everyone is saying that, how can you differentiate one lawyer or law firm from the next?  Look at the brand names out there…Davies.  Oslers.  Stikemans.  McMillan.  And the list goes on.  The brands are people’s names.  Some of the people aren’t even alive.  These brands – if you can call them that – don’t signify much to me other than “expensive Bay Street full service law firms which only rich people and big companies can afford”.  So what about the other law firms out there?  What’s their brand all about?  I’ve only heard of Payne Law and Diogardi actively promoting their brands in different media.  That’s why the public turns to them.  Because they remember them!

Some of the law firms out there try to distinguish themselves as specialists in a particular legal area, but that’s as far as it gets.  What the public needs is to be able to easily associate a brand with its people, the type of work they do, the quality of their services, and (perhaps most importantly) some type of niche, gimmick, or idea that distinguishes them from their competitors.  Here’s a few examples of what I’m talking about::

• Yorkville Lawyers.  Slogan: “Shop.  Dine.  Get Legal Advice.”
• PC-Lawyers.  Slogan “Where Lawyers and Tech Companies Connect”.
• Done Deal Real Estate Lawyers.
• Cut-Throat Litigators.  Slogan: “You better have US on YOUR side!”
• E-Lawyers.  Slogan: “We’re Connected and Cost-Effective”.

To repeat myself, law firms have to got to start marketing and promoting themselves ACTIVELY through new mediums that reach out to their target market (e.g. social media, websites, newsletters and articles, public relations events, books or e-books, etc.).  Give a taste of your knowledge and expertise!  For those law firms out there who say, “But my clients don’t come through those mediums”, the reality is that a new breed of clients – sophisticated and information hungry ones – will be familiar with those mediums.  And they will expect you to have a robust presence on the Internet.  Besides, if you’re not there, your competitors will be.  And if anyone writes something bad about you or your law firm, the prevalence of such negative publicity will depend on how active you and your firm are in that same space.  The bottom line is that law firms need to adapt or die out and give rise to a new breed of lawyers and law firms…

written by admin \\ tags: boring answers, brand names, building a brand, good business, law firms, lawyer, legal advice, litigators, niche, profession, professional solutions, real estate lawyers, slogan

We’re looking for a lawyer who practices wills and estates in the Mississauga/Brampton area.   Someone has made a new public post looking for such a lawyer.  Here’s the nuts and bolts of the post: “How much does it cost to get a Will, Living will, and Power of attorney for a couple? In Mississauga or Brampton.”  If you are a lawyer who can respond to these prospective clients, then you should register asap on Dynamic Lawyers.   Just go here and register as a lawyer.  After payment is processed (it’s only $50/month for the year), your account will be activated and you’ll be able to sign in and respond to these users.

written by admin \\ tags: Dynamic Lawyers, lawyer, lawyers, mississauga, Mississauga Brampton wills and estates lawyer

So after being on Goldhawk Fights Back today (11:30 a.m. to 12:00 p.m. on AM740 Zoomers Radio with Dale Goldhawk), here’s what I have to report…First, it’s always great to get publicity for a worth cause – namely, Dynamic Lawyers (which allows users to freely and anonymously post their legal issue(s) and get information and quotes from local lawyers).  So I must say thanks to Mary and Dale for letting me talk about what I love to talk about – access to justice, empowering the consumer, specific legal issues, etc.  Second, I was impressed and astonished by the calibre of the comments and questions that came through the line.  On the one hand, people have had disastrous experiences with lawyers (problems with communication, billing, fees, representation, etc.).  On the other hand, people had quick and easy resolutions by using lawyers.  Third, the discussion tackled many important legal-related issues, ranging from access to justice, lawyer fees (in the form of the billable hour and alternatives such as fixed fees and barter exchange, etc.), contingency fees, why lawyers charge so much, invoice assessments, initial consultations with lawyers (which I’ve previously blogged about), and use of the website.  So there’s a lot of demand from the public for this and other kind of information that should be readily available.  Overall, I greatly appreciated this opportunity to discuss these important issues.  Thank you Dale GoldHawk and Goldhawk Fights Back!

written by admin \\ tags: am740, dale goldhawk, Dynamic Lawyers, dynamiclawyers.com, goldhawk fights back, lawyer, lawyers, Michael Carabash, radio, zoomers

Please keep in mind that this is not legal advice.  The information provided herein is for educational purposes only. If you would like to get in touch with a lawyer to help you draft, interpret, negotiate or resolve a dispute about a joint venture, then you are encouraged to seek a professional (e.g. make a post on Dynamic Lawyers).  We have Toronto and Ottawa lawyers who can assist you in this regard (I would know, I’m one of them!).

So this blog will deal with the basics of a joint venture agreement or contract.  In other blogs, I’ll get down to the nitty gritty.

Definition
Plaint and simple, a joint venture is a contract between two or more parties to share resources, knowledge, skills, etc. towards a common objective.

Parties
As usual in these types of agreements, the parties are identified at the get-go (make sure this is done properly or else your contract won’t be worth the paper it’s written on!).

Recitals
This is the background story you want to tell that leads up to the formation of the joint venture.  It could go something like: Party X does Y and has Z.  Party A does B and has C.  The two would now like to join forces to make even more $$$.  So they’re agreeing to have a joint venture in accordance with the terms and conditions set out in the joint venture agreement or contract…

Definitions
It’s a good idea to set out the definitions you’re going to be relying upon near the top of the joint venture agreement (for ease of reference and good organization).  You could include definitions here about “Confidential Information” (assuming there will be confidential information passed between the parties as a result of the joint venture), what constitutes “Force Majeure” (e.g. act of God that relieves a party of liability under the agreement in certain circumstances), etc.

Business Structure
The joint venture agreement or contract will generally state how the joint venture is structured.  Is it simply two separate entities acting in concert through the joint venture agreement or contract?  Will there be a new corporation formed?  Will there be a partnership formed?  Will that partnership be a general or limited liability partnership?  For more discussion about the general forms of business one can structure in Ontario, check out this free information about business structures we’ve been accumulating.

Nature of the Relationship
So will the joint venturers be partners (capable of binding each other), corporate shareholders, or simply joint venturers (i.e. their rights and obligations are limited to the terms of the joint venture agreement or contract).

Term and Termination
How long will the joint venture last for and what events give rise to its premature termination?  Will the parties simply be able to give each other notice?  Will the joint venture dissolve by operation of law, by one party filing for bankruptcy, by one party attempting to illegally assign their interest in the joint venture to a third party, etc.?  Again, you should consult with a lawyer to find out what kinds of things typically go in this section.  Also important is what to do in the even of default.  Does one of the joint venturers become liable to pay the other if they are at fault?  Who determines fault and according to what test (e.g. sole and absolute discretion)?  There’s a lot to think about here…

Joint Venture Assets and Benefits
How will these things be deal with?  Will there be a percentage of ownership?  Will the benefits be based on revenues or profits?  Can these interests be assigned?

Operations
How will the joint venture be operated on a day-to-day basis?  Will the joint venture committee have the power to enter contracts on behalf of the joint venture?  Perhaps the joint venture committee will create a new corporation to take on a certain responsibilities and simply own equally the shares of the new corporation.  That new corporation would operate as a separate business, but its shareholders would be the joint venturers (who would elect the directors, who in turn would appoint the day-to-day officers).  This would be a good place to put reporting and record-keeping requirements too.

Joint Venture Responsibilities
Here, we get to the nitty gritty of who will be responsible for what in the joint venture. Separate paragraphs will be needed for each of the parties.

Joint Venture Management
Will there be a committee?  Will representatives from each of the parties be on the commitee?  Will there be a chairperson?  How will meetings be managed, votes and decision made?  Will there be direction from owners and delegation to the committee?  In my opinion, and as I’ve previously blogged about, businesses should be run as dictatorships with consultants, not as democracies (too many voices means things won’t get done).  

Representations and Warranties
What kinds of true, fair, and complete statements must the parties make to induce the other parties to enter the agreement?  The parties want to know that their joint venturer partners have the authorization and operational wherewithall to do what it is they are about to do.  If these representations and warranties no longer hold true, then what’s the consequence?  Notice?  Termination?  This should be spelled out here…

Liability and Indemnification
Will the joint venturers try to limit their liability from each other in connection with the joint venture?  Will they indemnify each other for their own wrongdoing – whether in contract, tort, negligence, misconduct, breach of statute or otherwise?

General Terms and Conditions
This section of the Joint Venture Agreement will deal with things like (which I’ve previously touched on in teh context of an independent contractor agreement):

• Notices
• Entire Agreement
• Governing Law
• Interpretation
• Assignment
• Waiver
• Cumulative Remedies
• Counterparts
• Enurement
• Entire Agreement
• Time of Essence
• Independent Legal Advice
• Force Majeure
• Severability
• Survival
• Currency

written by admin \\ tags: agreement, assets, bankruptcies, bankruptcy, blog, breach, business, circumstances, confidentiality, contracts, corporation, indemnification, lawyer, lawyers, liabilities, negligence, negotiating, Negotiations, partnership, percentages, relationships, separation, shareholder, shareholders, shareholdings, toronto

So in addition to my other two blogs about Ontario lawyers advertising their fees, I came across the following considerations that I thought were worth mentioning.  First, a lawyer’s ability to advertise is governed by the Rules of Professional Conduct.  The Law Society put out a 5 page .pdf about Ethical Considerations and Technology and stated therein that:

Advertising by lawyers in various forms of electronic media, including web sites, network bulletin boards, and direct e-mail, are governed by the Rules of Professional Conduct. The Rules contain guidance on advertising that applies equally to electronic advertising.

So advertising fees online is permissible, so long as the Rules are followed.  Interestingly, the Law Society’s Knowledge Tree concerning marketing and making legal services available includes an example where a lawyer wants to offer services through a website in two provinces.  In response, the Law Society cautions that:

A lawyer or paralegal making representations in generally accessible electronic media should include the name, firm name, mailing address, the jurisdiction(s) where the lawyer is entitled to practise law or the paralegal is permitted to provide legal services, and an e-mail address of at least one firm lawyer or paralegal who will be responsible for the communication.

Taking this advice from the Law Society one step further would mean that any advertising of fees using an electronic medium (such as an email or website) should state clearly detailed information about the services, the price, contact info about the law practice or lawyer offering such services, and who can be reached at the firm concerning that information.

The overall message concerning advertising legal fees (particularly online – where that information stays on night and day and can be accessed by anyone with a computer anywhere in the world) is simple: be transparent and accountable with respect to advertising your fees for services.

written by admin \\ tags: advertising, electronic advertising, electronic media, electronic medium, knowledge tree, lawyer, lawyers, ontario, ontario lawyers, rules of professional conduct

So, as a follow up to my previous post about Ontario lawyers advertising their fees and the Law Society’s Rules of Professional Conduct concerning doing so, I did some basic research on the Law Society’s disciplinary hearing/decision website.  I’m not sure if this website reflects all of the matters that have gone before the Law Society in recent history, but here’s what I found:

• Searches for “advertising” did not yield any disciplinary decisions.
• Searches for “fees” resulted in disciplinary action taken against lawyers for things like: charging fees that were excessive, splitting fees with a non-lawyer, and pre-taking legal fees without rendered a legal account.

So, I could be wrong here (perhaps a phone call to the Law Society is in order), but I haven’t been able to come across any posted disciplinary historical hearings/decisions dealing with lawyers violating the “advertising of fees” rules in 3.02 (3)of the Rules of Professional Conduct.

written by admin \\ tags: advertising of fees, disciplinary action, disciplinary decisions, disciplinary hearing, law society of upper canada, lawyer, ontario lawyers, rules of professional conduct

So this blog is all about Ontario lawyers’ advertising their fees.  Take the following example: a lawyer states, quite unequivocally, that they will charge $500 for a basic will and that this amount does not include disbursements (e.g. photocopying, faxing, printing, long-distance phone calls, etc.) or GST (at 5%).  What could be wrong with doing so?  Well, the Law Society of Upper Canada, which governs Ontario lawyers, provides the following in the Rules of Professional Conduct concerning advertising fees:

3.02 (3) A lawyer may advertise fees charged by the lawyer for legal services if

(a) the advertising is reasonably precise as to the services offered for each fee quoted,

(b) the advertising states whether other amounts, such as disbursements and taxes will be charged in addition to the fee, and

(c) the lawyer adheres to the advertised fee.

OK, so lets get down to the nitty gritty, shall we?  Basically, the LSUC is saying that lawyers can’t engage in misleading or otherwise untrue advertising about the services.  So you’re getting a will for $500, not a power of attorney over property or healthy care or a living will, etc.  Next, the $500 doesn’t include GST or disbursements (as previously aforementioned), so we’re still OK.  Finally, the lawyer must abide by the advertised price.  This means that if a lawyer advertises (e.g. online) one day and then changes the price internally but forgets to update the website, then they’ll be stuck with the price on the website if someone relied on that price to hook up with the lawyer for the particular services.

I’ll be looking into the disciplinary hearings at the Law Society of Upper Canada to see how, if at all, these provision have been enforced in real life situations…I’ll keep you posted…

written by admin \\ tags: disbursements, law society of upper canada, lawyer, long distance phone, lsuc, ontario lawyers, power of attorney, rules of professional conduct

My final blog in anticipation of being on Goldhawk Live tomorrow at 7:00 p.m. deals with the question: do I really need a lawyer?  The answer, in my humble opinion, is not so straightforward.  In some cases, a lawyer would be highly recommended (e.g. you get charged for a serious crime or sued for lots of money or child custody is at stake) whereas in other situations, the tools may be readily available to do without their services.  Let’s look at one example of incorporating which I will use to drive home the “it depends” message.

Incorporation
There are enough service providers and information out there to help you incorporate a business yourself without a lawyer.  Just do some research on articles of incorporation, by-laws, annual returns, shareholders/directors/officers, meeting minutes, corporate taxes, etc. and you too will know how to incorporate and maintain a business.  In fact, just check out this blog and you’ll find a lot of what you need to know about each of these topics.  Here is a great government website from Corporations Canada that has 60 pages worth of valuable information on how to incorporate a business federally.

But what if you need specific by-laws concerning director liability and insurance (which you can’t find in some boilerplate precedent)?  What if you need a special class of shares for a certain group of shareholders with specific rights attached?  What if you need a shareholders’ agreement with share transfer restrictions built in place?  What if you need help getting the money out of your corporation while paying the least amount of taxes?  What if you want to expand your business and are wondering which legal vehicle (e.g. division, subsidiary, franchise, etc.) is ideal? …  You see where I’m getting at?  You will undoubtedly have questions about your corporation and where it is heading and a lawyer MAY BE NEEDED to get answers to your particular situation.  In fact, if you went ahead and incorporated without consulting with a lawyer, but then need to amend your articles of incorporation after consulting with a lawyer, you will need to pay a few hundred dollars more in government fees to do so!  So you could have saved time and money by consulting with a lawyer first.

written by admin \\ tags: articles of incorporation, articles of incorporation by laws, boilerplate, corporate taxes, corporations canada, director liability, government website, how to incorporate a business, lawyer, liabilities, share transfer, shareholder, shareholders agreement, shareholdings, transfer restrictions