Chapter 2: Procedure Before Commencement of Proceedings

Question 1

Who are the parties to the retainer agreement?

Answer 1

The Lawyer & client

Question 2

What types of things are set out in the retainer agreement?

Answer 2

-Names of parties
-scope of work to be done
-rate pay for doing work on case.
-deposit required before work can begin

Question 3

How is a monetary retainer different from a written retainer?

Answer 3

Monetary retainer:
The deposit to be paid before work begins

Written retainer:
Contract between lawyer & client

Question 4

Why should you docket your time when you are carrying out a task as opposed to waiting until the end of the day?

Answer 4

To avoid forgetting.. every minute is expensive!
Don’t give away free minutes.

Question 5

What systems can you use for a “tickler system”?

Answer 5

-Physical accordion system
-Desk calendar
-Computerized reminder system

Question 6

What does BF mean?

Answer 6

Bring Forward:

A predetermined date in advance of the actual deadline.

Question 7

What are the consequences for the client if a limitation period is missed?

Answer 7

They lose their right to sue. (client)
-professional malpractice (lawyer)
-can lead to malpractice claims and higher insurance premiums (lawyer)

Question 8

Generally speaking, what is the limitation period in Ontario?

Answer 8

2 years

Question 9

The client is suing a corporation. What search would you conduct to ensure that you have the corporation’s name correct?

Answer 9

Business Name Search

In person: @ central productions and verifications services branch, Ministry of government and Customer Services.

Online: Ministry of Government and Customer Services.

Question 10

What is an impecunious defendant?

Answer 10

Someone who is insolvent A.K.A. unable to pay debts owed.

Question 11

What search would you conduct to determine the solvency of a defendant?

Answer 11

a writ of seizure and sale AKA writ of execution would be on file in the SHERIFF’S OFFICE (Request A Certificate) in the county or judicial district where defendant resides or conducts business.

Online: local court and sheriff’s offices
attorneygeneral.jus.gov.on.ca/blahblahblah
OR
SEARCH “court addresses” @ Ontario Ministry of the Attorney General website.

-Give full name

SITES:
- teranet
- teraview
- Centro Legal Works

ALSO:
GOOGLE “online execution searches”

Question 12

Identify three sub-folders that you might include when setting up the client file?

Answer 12

✅Correspondence
✅Pleadings
✅Evidence
✅Discovery
✅Law
✅Client docs.
✅opponent docs.
✅accounts

Question 13

Docket

Answer 13

Used to record fees to be charged to clients

Question 14

Cause of action

Answer 14

Legal right to sue to obtain legal remedy

Question 15

Limitation period

Answer 15

The time period in which you have to file a lawsuit

Question 16

File management Checklist

Answer 16

Checklist for noting when necessary steps have been taken and what is yet to be done.

Question 17

Tickler System

Answer 17

A reminder system used to prevent important dates from being missed

Question 18

Judgement proof

Answer 18

a party whom a judgment would be ineffective as the party has no assets against which the judgment could be enforced

Question 19

Incorrectly naming a party can result in an unenforceable judgment.
True or false

Answer 19

True

Question 20

You wish to confirm the full legal name of an individual. Which of the following could be used to verify the party’s name?
-drivers licence
-a vehicle identification number (VIN)
-a licence plate number

Answer 20

ALL OF THE ABOVE

Question 21

If a business is incorporated, you may sue the corporation using the trade name it uses to carry on business.
TRUE OR FALSE?

Answer 21

FALSE

Question 22

A sole proprietorship may be sued by suing the individual sole proprietor in his/her own name.
TRUE OR FALSE?

Answer 22

TRUE

Question 23

A business operating as a partnership cannot be sued.
TRUE OR FALSE?

Answer 23

FALSE

Question 24

A corporate profile report will give you the names of the officers, directors and the address for the registered office of the corporation.
TRUE OR FALSE?

Answer 24

TRUE

Question 25

As a general rule, the limitation period in Ontario is two years from the time the cause of action arose.
TRUE OR FALSE?

Answer 25

TRUE

Question 26

A tickler system..

Answer 26

should give several reminders before the final due date and then the due date itself

Question 27

Which of the following would be set out in a retainer?
-the limitation date
-the scope of the work to be done
-the number of hours the lawyer has docketed

Answer 27

the scope of the work to be done

Question 28

The Law Society of Ontario requires all lawyers to maintain a reminder system i.e. a tickler system.
TRUE OR FALSE?

Answer 28

TRUE