Chris' Corner: Lawyers ~ Just Sharing an Office or “Partners”

Lawyers ~ Just Sharing an Office or “Partners”

Brian Madigan, Ontario Real Estate Source, and avid Active Rain Blogger shared this information regarding lawyers working in an office and some information you should acquire before choosing your lawyer.

If you are looking to downsize and still want to stay near the GTA, call me, Chris Smith @ 1.866.936.3500 for information and assistance in helping you achieve your Real Estate Goals.

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Lawyers ~ Just Sharing an Office or “Partners”

Ontario Real Estate Source

By Brian Madigan LL.B.        

It certainly makes quite a difference if something goes wrong.

If you hire a lawyer in a law firm and your claim is negligently handled then you can sue the lawyer. If the lawyer is part of a firm (that is an employee) you get to sue the firm too. And, if the lawyer is in partnership, the other partners are also responsible for the claim.

So, just what does A, B and C “in association” mean? The lawyers say it means “no partnership”. But, you have to be a lawyer to figure that out. To a lawman, such words might just mean that they are partners and they work together in association. That’s just what they do.

The test is a layman’s test. It is not to be interpreted just by lawyers for lawyers.

In this particular case, the plaintiff says he was attracted to A because:

1)     A was part of a firm,

2)     C was a specialist in civil litigation,

3)     The firm had more credibility and depth than A alone.

Ultimately, the case will boil down to a question of fact when it goes to trial, but the client won “round 1”.

If you retain a lawyer, always determine whether the lawyer is:

·        An independent practitioner

·        A partner in a firm, or

·        An employee of a firm

Who do you get to sue if something goes wrong?

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com

Chris Smith CSSBB
          Sales Representative

Interested in Buying or Selling Real Estate?

  ph: 1.866.936.3500

Re/Max
Chay Realty Inc.,
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Comment balloon 0 commentsChris Smith • November 02 2011 12:06PM

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