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The Idiot's Guide to Contract Drafting

Kyle Eskeles  ContractDrafters.com

Anyone who has ever waded into the brackish waters of contract litigation can tell you how important it is to get it right in the drafting stage. Without the proper safeguards in place, a misplaced comma or confusing turn of phrase can set you up for a whole lot of legal heartache as each contract party scrambles to assert their own interpretation.

But don't sweat it. You need not be a Shakespeare or an English major to tell your why's from your wherefores. Armed with the right sample contract, a pinch of common sense, and the following general checklist, we present the Idiot's Guide to Contract Drafting.

The Idiot's Guide To Affordable Lawsuits and Litigation

Kyle Eskeles  TrialClaims.com

When it comes to evaluating the merits of your own propsective lawsuit, there is an inevitable bias in place for the home team.  Naturally, you want to keep legal costs down and ensure that the litigation and legal fees are as affordable as possible.  On the other hand, you have a gut feeling that your lawsuit is different, more unique and complex than any matter ever previously litigated.  If only the right lawyer could mine the precious mineral ore of your subjectively cherished truth, refining it into argumentative gold, you know you'd prevail in the end.

From your lawyer's point of view, it's likely a matter of been there, done that.  Fact is, your lawyer has a secret arsenal at hand.  It's called case law - and odds are that somebody, somewhere had a case just like you.  So wouldn't you want to know beforehand how it's likely to turn out in the end?

Probating Wills - Avoiding Probate Tax With Property In Separate Wills

Richard A. Cooper  ProbatingWills.com

Once upon a time in Ontario, what we now know as estate administration taxes were once discreetly termed as probate "fees."   A fee, in regular parlance, is oft understood to be a payment in return for services rendered.  When your lawyer charges you a solicitor's fee, you expect the amount of the fee to somewhat correlate with the scope of the services on offer. 

Yet back in 1998, an argument was presented before the Court that the regular probate fees paid to the government, upon the probating of a will, did not at all resemble a "fee" as we normally understood it.  The argument was raised that these "fees" were actually covert taxes, and as such, were constitutionally invalid. 

Lawyer Referral in Toronto: Finding The Right Match For Your Litigation Needs

In theory, finding the right lawyer for your litigation needs could be as complicated as finding a date. Both parties are searching for a relationship - though strictly fiduciary and professional. And, like dating, the success of your prospects (in this case, litigation) may very well come down to "chemistry" - in this case, the working chemistry between lawyer and client. Perhaps, then, you need a bit more information to go on than just a legal contact name and a slogan in a directory? >>>
James Cooper

Excuses, Excuses: Mistake as a Criminal Defence

In criminal law, you may very well have committed a criminal act, but whether or not that act is considered a punishable crime depends very much on what you understood that act to mean at the time. Can you, for example, simply raise the defence that you made a mistake? >>>
Rosemary Bocska

Managing a Divorce Claim: Don't Try This At Home

Family law litigation can often be a messy, contentious, and time-consuming minefield to navigate. When opting to manage a divorce claim on your own, you might think that you'll be saving on the legal fees and costs, but will it truly serve your interests, bringing you the desired custody arrangements, support payments, and property division you hope to get out of the process?>>>
Manda Spring

Divorce Actions: When Your Spouse Won't Negotiate

In many divorce actions, there comes a time when one spouse simply won't negotiate a reasonable settlement . When that happens, it may pay in the end to create a documentary record of all communications so that the court may be able to determine which party is being unduly stubborn - and decide accordingly. >>>
Manda Spring

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