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Civil and Administrative
Litigation Opinions
for Self-Presenters
How Does Your Opinion Service Work?An opinion is my full assessment and detailed explanation of the merits and weaknesses of your legal case. It is written specifically to inform self-represented persons of what they need to prepare for in self-managing their case.
Most self-reppers commence their litigation with little to no professional legal analysis at the beginning - this service is to remedy that. No matter how confident you are, proceeding without an opinion is a lot like starting to build a house without a blueprint; it might look like you are saving money at first but you'll soon find out why you need it.
Simon's detailed written opinion on the merits of your case includes (unless otherwise agreed):- detailed discussion and document review to determine the key factual, legal and procedural issues of your case
- identification of available evidence for and against your case
- identification of available legal remedies
- identification of any impending limitation period and time-limit issues
- explanation of any major expenses involved in pursuing the matter, such as expert report fees, court fees, etc
- firm and reasonable time estimates from me for the delivery of my opinion, with sensitivity to time-urgent factors
- reasonable (but time-limited) follow-up discussion to make sure you understand it.
Intake Procedures>>> Sorry, I likely won't respond to requests that don't comply with these procedures.
To start the no-charge, no-commitment intake phase please email me a maximum 500-word summary of your legal situation. During the subsequent email discussions between us I will likely ask more questions, and may request documents - but please don't send documents unless I ask for them. Once hired, it is normal for me to request a list of all documents you have relating to the case, and to request scans of specific material.
When writing please specify your full legal name, address, town/city and include a scan or picture of your photo ID (Ontario photo ID, driver's license or similar). Also include the phrase "kleopatra rules" in the email header, to signify that you agree with the following statement: I have read this client page fully and I understand how Simon's legal opinion service for people who are legally self-presenting works. I agree that any preliminary discussions I have with Simon are only for the purpose of considering whether I want to hire him to provide an opinion on my legal case. By these preliminary negotiation discussions I incur no fee or charge to myself, and make no commitment to hire his services. Until such time as we enter into a contract for an opinion (aka litigation assessment) and/or other specified services at an agreed and prepaid flat-rate fee, my communications with Simon do not constitute legal advice. I understand that Simon does not offer legal representation services, so at all times - regardless of whether or not I hire him for his opinion services - I remain solely responsible for conducting my own legal affairs. Simon's Fee and Payment Terms
Average flat-rate fees over the last few years typically range from $1,000 to $5,000. Each case is different. I conduct a preliminary review of the case, and then I quote a flat-rate fee for the work that I think the case needs to present an opinion. I don't offer hourly-rate terms of service. Flat-rate means a lump sum, prepaid fee - with no refunds. All fees require full prepayment of the agreed amount. Payment is only by Interac (no Paypal) . We don't have a contract, and I don't start working, until the agreed fees are deposited into my bank account.
All my public interest work goes into the website. So don't ask for pro bono, contingency, reduced-rate or similar terms - they will be refused. Sorry.simonshields@isthatlegal.ca
More Important Stuff Here- What Legal Topics are Covered?
- Civil Litigation
Most of my civil litigation work is contract/tort/restitution actions, judicial review, civil appeals and a broad mix of areas such as constitutional, employment, consumer, crown liability and even animal law. There are some areas of civil litigation that I don't do: ie. construction liens, insurance and MVA accidents, family, real estate and estates.
- Administrative Tribunals
Most of my administrative tribunal litigation work is residential L&T, social assistance, ESA (employment), labour - and more of the roughly 50 tribunals that exist in Ontario and Canada. I don't do WSIB work but I can refer you to someone who does.
If you're not sure if I practice in a legal field, just ask at the start.
- Can I speak with Simon on the phone?
I have dysphasia (a speech condition) from a stroke in 2017. That makes practicing law difficult by voice, so I don't use voice for work. Also I prefer email as speech is transient and easily forgotten, whereas email provides a permanent verbatim record of our communications so both of us can check what was said, which is so important in law.
- Opinions Are Not Ideally Suited for Urgent Situations
Ideally, opinions are conducted even before legal action is commenced - when you anticipate legal action and wish to avoid it by proactive action on your part, or to advance it in a considered manner to best achieve an oppourtunity. They are services suited for thoughtful consideration to allow you to best manage a legal issue, before a crisis arises.
Many people however approach me when they are already in a crisis, which invariably means urgency. Urgency gives rise to situations where you need immediate assistance - such as meeting a quickly approaching time limit, filing a key document which has binding effect on your legal position, or a need for legal 'repair' to try and correct something already done. While I will try to accomodate situations of time pressure when I can, given my existing time commitments and disabilities that's not always possible - and it's not ideal for either of us. To be of any use an opinion needs time for full investigation of your situation, and time for us to mutually consider available options and ideas. It's best to think of an opinion as a 'proactive' avoidance (or oppourtunity) service.
In urgent situations you should promptly consider directly hiring a legal professional who offers services of this nature to self-presenters like yourself, even if it's only for a limited task (unbundled services) or temporarily. In such situations, I typically advise self-presenters to approach a legal professional through the National Directory of Professionals Assisting SRLs - you can do the same.
- I Only Do Full Opinions
Following with the above discussion of the problems of doing an opinion in urgent situations, know that I only provide opinions on full cases, not partial ones. I won't take a case on until you engage me for a full opinion from the start.
- What ID information do I have to provide if I hire Simon?
The Law Society has a rule that a lawyer cannot provide legal advice to an individual client without knowing the client's full name, address, phone number and occupation [ By-Law 7.1, Part III, s.23: Client Identification and Verification]. If the client is acting for or representing a third party, I need the same information for both of them. As well, I must know if you are over 18 years of age for legal competency issues. Business client ID requirements are more complex, we can discuss them at the time. Identification is also necessary to avoid the rare conflict of interest situation arising, ie. where I may already have advised or am advising other parties involved in your case.
- Verifying Simon
You can check my status as a lawyer with the Law Society of Ontario at this link: LSO #37308N.
- Solicitor-Client Privilege
Everything you and I say to each other in the course of case-related communications is covered by solicitor-client privilege, even if you do not hire me for services. Note that if you share our communications with other people you may be 'breaking privilege' which can result in our communications becoming evidence and/or known to opposing parties.
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