Need a lawyer (probably)

[wooof1984]

I want to know where to start if I see a potential for a lawsuit of about $50,000... I think I have a good chance, given I am very passimistic/lazy person when it comes to these types of issues, however I think this time it is worth it... This may sound odd, but I can't say what the issue is (sorry... I am afraid, friends/SO may recognze me here... lol). Anyhow, basically, I am wondering if there is anyway I can discuss any legal issue with any type of lawyer who is not going to start charging me from the first hour. I don't mind sharing the percentage of the final result though...

Any help and advice is greatly appreciated.

 

[happy the man]

Most lawyers offer one hour free consultation. Others charge a minimum...from my experience.
My advice (FREE); solicit lawyer names based on the specialty needed...ie. divorce, child support, dismissal...etc.

 

[diehard]

Laywer Referral Service

 

[great bear]

Any good litigator will talk to you at no charge. If they take the case on they generally charge about 30% of what you win. If it is only $50K you will have trouble finding one to take the case on as the amount is not that great.

 

[daty]

NEW to "small claims" is a limit of $20,000.oo as of Jan 1, 2010 if you are asking for 50k the settlement may be in the "small claims" range at that point any onr can proceed by yourself or represnted by a paralegal at a far lower rate even a flat rate

 

[wooof1984]

Thanks a lot

I appreciate the replies. Thanks a bunch!

 

[Bobzilla]

Um...the small claims limit is going to 25k, not 20k. And if you're suing for 50k, it's a Superior Court action, whether you settle for less or not. wooof1984, I'm a legal assistant in a law firm specializing in civil actions. If you want some advice, you can pm me. We wouldn't take your case because we only deal in larger volume clients, but I could advise you if you have a chance...I've been doing this for 15 years.

 

[Agency]

Any good lawyer will charge for their time some will give you 15 minutes and make their decision based on what you've discussed. If you want free consults and legal advise you can call the law society as they have a call in service and legal aid. The one place you should never look for a bargain is when you need a reputable and successful attorney.

Some of the information I've read here is inaccurate

 

[69suds]

Laywer Referral Service

I called them. I had a personal injury claim a few years back. I could have gotten $15K but the Lawyer was kind enough to tell me that it would cost as much or more and I may not be able to get pre and post costs.

Like most Canadians I did the math and decided it may not be worth the time and hassle 'cause it sure wasn't worth the money.

 

[toguy5252]

I called them. I had a personal injury claim a few years back. I could have gotten $15K but the Lawyer was kind enough to tell me that it would cost as much or more and I may not be able to get pre and post costs.

Like most Canadians I did the math and decided it may not be worth the time and hassle 'cause it sure wasn't worth the money.

Anyone who gave you that advice gave you bad advice. There is no claim to small that if meritorious is not worth litigating. You can always find someone to take the file although it may be more difficult and take more effort on your part. Most lawyers will give you a free consultation and an opinion as to the merits.

 

[tboy]

I called them. I had a personal injury claim a few years back. I could have gotten $15K but the Lawyer was kind enough to tell me that it would cost as much or more and I may not be able to get pre and post costs.

Like most Canadians I did the math and decided it may not be worth the time and hassle 'cause it sure wasn't worth the money.

Well, if you did indeed "win" in court, any settlement would be plus costs. (ie: amount settled for plus the cost to get that settlement). If you were going after an insurance company, and you had a legitimate claim, you'd recover your costs.....as long as they weren't extraordinary (ie you hired a $1,000.00 an hour lawyer).

Now I know our US neighbours are a little nuts over lawsuits but I think even if one breaks even, they should stand up for what's right. I recently had a case where a client felt they didn't need to pay me for $30,000.00 worth of work I did on their place. They even felt they didn't have to pay the GST on work that they actually paid for.

I could have easily just shrugged it off but the ONLY reason they felt they could simply not pay is because they were 1,000 times better off than I and didn't think I'd take them to court.

I ended up with about $5K in my pocket after expenses etc but it was worth it. Maybe the next time they hire a contractor they'll think twice before trying to rip him off

 

[afterhours]

I want to know where to start if I see a potential for a lawsuit of about $50,000... I think I have a good chance, given I am very passimistic/lazy person when it comes to these types of issues, however I think this time it is worth it... This may sound odd, but I can't say what the issue is (sorry... I am afraid, friends/SO may recognze me here... lol). Anyhow, basically, I am wondering if there is anyway I can discuss any legal issue with any type of lawyer who is not going to start charging me from the first hour. I don't mind sharing the percentage of the final result though...

Any help and advice is greatly appreciated.

if the matter is not a personal injury one it's highly likely that no lawyer in his right mind would do it on a contingency basis; seeing that you are not in a position to finance a litigation, you may either sue in small claims or forgetaboutit

 

[69suds]

Anyone who gave you that advice gave you bad advice. There is no claim to small that if meritorious is not worth litigating. You can always find someone to take the file although it may be more difficult and take more effort on your part. Most lawyers will give you a free consultation and an opinion as to the merits.

The incident took place back in May 2008. Is it too late for me to redress it now?

 

[papasmerf]

Well, if you did indeed "win" in court, any settlement would be plus costs. (ie: amount settled for plus the cost to get that settlement). If you were going after an insurance company, and you had a legitimate claim, you'd recover your costs.....as long as they weren't extraordinary (ie you hired a $1,000.00 an hour lawyer).

Now I know our US neighbours are a little nuts over lawsuits but I think even if one breaks even, they should stand up for what's right. I recently had a case where a client felt they didn't need to pay me for $30,000.00 worth of work I did on their place. They even felt they didn't have to pay the GST on work that they actually paid for.

I could have easily just shrugged it off but the ONLY reason they felt they could simply not pay is because they were 1,000 times better off than I and didn't think I'd take them to court.

I ended up with about $5K in my pocket after expenses etc but it was worth it. Maybe the next time they hire a contractor they'll think twice before trying to rip him off

Here you could have gotten a mechanics lien and removed all the materials you provided for the job.

Nothing like showing up with a court order allowing you to remove all materials you provided to motivate a customer to pay before you have to sue them.

 

[afterhours]

The incident took place back in May 2008. Is it too late for me to redress it now?

limitation period in Ontario is 2 years

 

[Aardvark154]

69Suds get another opinion and don't let it wait until the last minute. You may, however, find that the advice remains the same, there are some cases for which the law of diminishing returns applies.

 

[mandrill]

You are welcome to PM me. Without knowing the nature of the case, no one can give you any worthwhile advice. I am happy to take a blatant contractual rip off with $50,000.00 in "hard" damages. OTOH, if someone comes to me and has a vague slander type lawsuit they THINK can make $50,000, I would likely show them the door.

 

[tboy]

Here you could have gotten a mechanics lien and removed all the materials you provided for the job.

Nothing like showing up with a court order allowing you to remove all materials you provided to motivate a customer to pay before you have to sue them.

Actually, it was a construction lien and with those, I am not allowed to remove materials already installed. (even though I was SO tempted to....). the funniest thing about it was a) I presented them with a letter from the lawyer requesting a sit down prior to putting a lien on the property. The husband responded with "I'll call you back after discussing with our attorny" and then never did. I then put a lien on their property and served them. No response.

I then had to file with superior court, and served them notice, no response.

At the 11th hour (1 day before the deadline for them to file a defence) they contacted me asking for an extension, I said nope. So we scheduled a settlement meeting.

They showed up and were aghast that I DARED put a lien on their property. Their reasoning? All the extra work I did for them, they considered, "a part of doing business" even though, I had, in writing, specifically what I was to do, and what they had paid for.

My lawyer asked them: so, did you ask Mr T to do this extra work? YES
Did Mr T do the work you told him to? YES

So what is the problem?

 

[afterhours]

You are welcome to PM me. Without knowing the nature of the case, no one can give you any worthwhile advice. I am happy to take a blatant contractual rip off with $50,000.00 in "hard" damages. OTOH, if someone comes to me and has a vague slander type lawsuit they THINK can make $50,000, I would likely show them the door.

would you take it on contingency??

 

[tboy]

would you take it on contingency??

Is that even allowed in Canada? I thought it wasn't........(but I've been proven wrong before.....)