Dawn Henri
asked
Lynne Butler:
I have the contract "retainer" of one lawyer who offers half the rate of the others to do the estate/will dispute. Some of the terms I would like to "qualify" with my own words. But what's in future for the lawyer? Can he pay the rent on office? Will he go bankrupt? I want him to think I have full confidence. I'm trying to get loan from bank for low rate 6%. Should I wait to pay the retainer? Zoom court?
Lynne Butler
I have no idea what's in the future for this lawyer, or any lawyer. I can tell you that in my province, all the lawyers are still working and are still busy. Everyone has modified their ways of doing things to allow for social distancing, but we're all still going strong.
It sounds as if you're worried that the lawyer will go out of business and you'll lose your retainer. However, the money you give as a retainer does not go into the lawyer's bank account to be used for his general expenses. It goes into a trust account and can only be used on your behalf or to pay the bills he charges to you. We have very strict rules about use of trust funds.
It's possible that the lawyer might have financial troubles and decide to keep your money inappropriately. It does happen from time to time. But that would only happen if the lawyer never plans to practice law again because he would be disbarred. Like I said it happens, but it surely doesn't happen very often.
Honestly, I can't add anything about waiting on your bank loan. I have no idea what other sources of funding or income you have or expenses you have so I have absolutely no context for answering that question.
I assume that by "zoom court" you are asking about whether the courts are operating remotely. That may not be your question but since I have to guess, I'll answer the one I think is being asked. Under normal circumstances, some court appearances can be made remotely. However, that is only in normal circumstances where there is a judge, a clerk, lawyers, and other people available. In these current times, the courts are closed for all but emergency matters. If your dispute needs court assistance, it will have to wait.
Lynne
It sounds as if you're worried that the lawyer will go out of business and you'll lose your retainer. However, the money you give as a retainer does not go into the lawyer's bank account to be used for his general expenses. It goes into a trust account and can only be used on your behalf or to pay the bills he charges to you. We have very strict rules about use of trust funds.
It's possible that the lawyer might have financial troubles and decide to keep your money inappropriately. It does happen from time to time. But that would only happen if the lawyer never plans to practice law again because he would be disbarred. Like I said it happens, but it surely doesn't happen very often.
Honestly, I can't add anything about waiting on your bank loan. I have no idea what other sources of funding or income you have or expenses you have so I have absolutely no context for answering that question.
I assume that by "zoom court" you are asking about whether the courts are operating remotely. That may not be your question but since I have to guess, I'll answer the one I think is being asked. Under normal circumstances, some court appearances can be made remotely. However, that is only in normal circumstances where there is a judge, a clerk, lawyers, and other people available. In these current times, the courts are closed for all but emergency matters. If your dispute needs court assistance, it will have to wait.
Lynne
More Answered Questions
Dawn Henri
asked
Lynne Butler:
I am in Ontario. It's going on one year & still no copy of the Will from the brother. One response from their lawyer saying they are going to probate. I filed Notice of Objection in Toronto. Should I file another Notice of Objection in Kitchener? I want to subpoena to show his bank accounts. I've talked with many lawyers. Am I paying retainer for this time waiting? I want to be careful about paying for no results. ??
Dawn Henri
asked
Lynne Butler:
My mother passed away from cancer leaving Trusts for everyone but me. I was close with my mother. She was acting squirrelly the last few years after nearly dying in surgery. The abusive brother (assaulted, injured me) and his wife are in control of estate. Nine demands for the Will no response. I had a Trust but the brother(s) told lies to get her to take me out. How do I proceed?
Derek Ansell
asked
Lynne Butler:
I would like to know why you reviewed my book The Bradgate Heiress,’ falsely claiming it was self published.?It was published by Next Chapter Publishing, a respectable international publisher.if you are a real lawyer you should know better than to use false claims on a public post. Please acknowledge your mistake on the review. Derek,Ansell
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