Getting Things Done

I previously had a post called “Is Your Lawyer To Busy?”.   A client has recently switched from a previous firm and the previous firm provided their file.   I was surprised to see that the previous firm had done little to move the lawsuit forward in several years.   The lawsuit was not complicated and since the client was a Plaintiff, it is the Plaintiff’s lawyer’s job to move the Plaintiff’s lawsuit ahead to trial.

I suspect that there are a lot of lawyers that view legal work as just work, and don’t see things from their client’s point of view.   The client wants legal advice, and if a Plaintiff, wants their matter moved ahead until settlement or trial.  They don’t want the lawyer to work on the file at their leisure or when they need billings.  They want things to move ahead.

I won’t claim to be perfect, but I can get a lawsuit moving forward.

David R. Barth

Misrepresentation on Property Disclosure Statement

I sometimes get calls from home buyers who discover that there are problems with the used house they just bought.  Often the problem relates to water in the basement and the Property Disclosure Statement from the seller states that there are no known issues.

The first thing to do is contact your realtor and see if there is anything the seller is willing to do to compensate you.

If the seller is not willing to compensate you, your only remedy is to sue the seller for misrepresentation.

At trial, you and your lawyer will have to provide sufficient evidence to prove that there was an issue in the past and the seller knew about it.  You will also have to provide evidence about the cost of repairs.   Experts are usually required for both.

Keep in mind that you don’t need a lawyer for a Small Claims Court, which can award damages up to $20,000.00.

David R. Barth

Builder’s Liens

I had a happy client with a builder’s lien issue.   With respect to builder’s liens, I have acted for building owners, general contractors, and sub contractors.

Construction can be a dirty business.   If you are a general contractor, and the building owner suddenly decides he doesn’t want to pay you $50,000.00, then not only are you not getting paid, neither are your sub contractors.   $50,000 is a lot of money.

The advice I give out depends on whether you are a building owner, or a contractor.   There are tips and tricks for both sides.   Since I act for both sides, I am not going to advice on this blog.   But if you have a question, send me an e-mail or call my direct line.  I don’t charge for a 20 minute consultation.

David R. Barth

Free Initial Consultation

People often need legal advice but are worried that a lawyer will charge them even if they don’t have a case.

Our firm offers a free 20 minute initial consultation so you don’t have to worry.   If our services aren’t required, or you decide not to hire us, we don’t charge you.

Also, if your lawyer is no longer practicing, call us for a free consultation.

I find that callers are often stressed out at the beginning of the consultation, but once they have discussed their case with me, their stress levels have decreased significantly.

David R. Barth

Billing Clients

There are two ways that lawyers bill their clients for legal fees, either a fixed amount, or based on time spent working on the file.

Lawyers will typically bill a fixed amount for wills and residential real estate transactions.

For everything else a lawyer will charge their hourly rate x time spent.

A lawyer’s time spent includes meeting the client about the file, e-mails and phone calls with the client, preparing documents, and comminicating with opposing counsel.  A client can help reduce their legal fees by efficiently communiciating with their lawyer.   For example, don’t send three e-mails when one will do.  If possible try to give your lawyer the information he needs all at once, and in writing.

Don’t forget that lawyers also have to charge for their expenses and GST and PST in addition to legal fees.   In a real estate transaction, that can often be more than the legal fees.

Clients usually don’t have issues with fixed rate fees, but I do get complaints about other lawyer’s hourly rate fees.  Sometimes they are fair, and sometimes not.  If you think they are not fair, you can ask the Court of Queen’s Bench to assess the bill for fairness.

David R. Barth

Getting Results

Is your lawyer too busy to get the job done?

I have taken over several files recenty and was able to get results in a few months that previous counsel hadn’t been able to achieve in a couple years.  I didn’t do anything special, just did the required work.  Previous counsel was likely too busy to get the work done.

It is job of the Plaintiff’s lawyer to move the lawsuit ahead.   If the Plaintiff’s lawyer doesn’t do it, no one will.  The same applies to a spouse who wants his or her share of the family property.

If you are the Plaintiff or want to get your share of family property, having a busy lawyer is a definite disadvantage.

When I  represent the Defendant I always leave it to the Plaintiff’s counsel to move the lawsuit along.   If they don’t, I let the lawsuit sit.  There is no point in moving things ahead just to bill legal fees.

David R. Barth

Is Your Lawyer Too Busy?

Is your lawyer too busy?

All lawyers are busy, but some are busier than others. A busy lawyer can be bad for you or good for you. If your lawyer is busy for you, he will be busy for other lawyers as well. If you are a Defendant, or someone who doesn’t want to give their ex-spouse any property, that will slow down their lawsuit against you without any effort on your part.

However, if you are the Plaintiff or want to get your share of family property, having a busy lawyer is a disadvantage. It is the job of the Plaintiff’s lawyer to move the lawsuit forward to settlement or Trial. It is likely that if they are too busy for you, they are likely to busy to move your case forward in a timely manner.

Keep in mind that if you are the Plaintiff and the Defendant hires a very busy lawyer, there will be extra cost in pushing your lawsuit ahead. The extra cost will likely come in the form of additional letters to opposing counsel and Court applications. A Plaintiff should also keep in mind that the more Defendants there are, the more delays there will be because of the difficulty in coordinating with the schedules of more lawyers.

David R. Barth

Barth Law Prof Corp Approach – The types of matters we handle

David R. Barth was called to the Bar in 2001. Since then I have specialized in Family Law, Residential Real Estate, Criminal Law, and Civil Litigation.

Family law matters affect the core of our most professional and intimate relationships. Some are quite straightforward. Many others involve complicated disputes that can take a toll on our mental and physical well-being, and the well-being of our children, extended family and friends.
Barth Law Prof Corp’s family law team knows you want complete information and all of your considerations explored. We take the time to understand your needs, to clearly and fully explain your options, and then help you to explore how each will affect you, your family and your finances now and in the future.

– CORPORATE LAW

– FAMILY LAW

– REAL STATE

– SUPPLEMENTARY AREAS OF PRACTICE

– CRIMINAL CHARGES

– WILL

Address
111-335 Hoffer Drive
Regina, SK S4N 6E2
Phone: 306-584-7576

http://www.barthlaw.ca/