Addressing Your Legal Queries - Carruthers Law FAQ

Informed Answers to Your Civil Litigation, Legal Malpractice, and Estate Litigation Questions

General

Service fees are determined based on different factors, such as:

  • The nature, importance and urgency of your matter
  • Your circumstances
  • The skill, work and responsibility involved
  • Arrangements agreed between your lawyer and you

Carruthers Law is very transparent about how much each task or step of the litigation journey will cost and why.

During an initial consultation, our goal is to gain a comprehensive understanding of your situation, encompassing its history and your desired outcomes. We then provide insights into the feasibility of your case, along with estimated costs, initial steps, and a timeline for these preliminary stages. Depending on the complexity, we may recommend retaining our services for further investigation and a comprehensive analysis of your options. If needed and my schedule allows, we can extend the initial consultation at no additional cost to you.

Civil Litigation

Civil lawsuits can take place between two or more individuals, government entities or corporations. There is a structured process in which they operate that usually follows:

  • Pleadings – describing what happened and the remedy sought
  • Discovery – obtaining the records and information that will be relied on at trial
  • Dispute Resolution – attempting to resolve the dispute through negotiation, mediation or arbitration (lawsuits are commonly resolved at this stage)
  • Trial – presenting the evidence and arguments to a judge who makes final determinations about the dispute
  • Appeal – asking a higher level of court to correct and overturn the trial judge’s decision

Carruthers Law will help you understand this process and will inform you where you are in this process as your lawsuit continues.

Not all claims will be successful or worth pursuing. There are four considerations:

  • Liability – will you be able to prove the other party has violated your legal rights such as breached a contract, defamed you, etc.
  • Damages – can you prove you have suffered compensable losses due to the other party’s conduct
  • Recovery – does the other party have assets you can recover after you win the lawsuit
  • Limitation – are you able to start your lawsuit before the filing deadline passes

If the answer to any of these questions is ‘no’, there is a risk that you will either lose at trial or will not be able to recover any money if you win. Carruthers Law will help you answer these questions before you decide whether to start a lawsuit.

If you are claiming an amount under $50,000, you will likely be able to file a Civil Claim at the Alberta Provincial Court. For more significant amounts or in some specific instances, you will be required to file a Statement of Claim at the Court of Queen’s Bench of Alberta.

 

Carruthers Law will advise you where you need to file your claim. If there is more than one option, we will discuss the pros and cons of each and help you decide which one to choose.

Like many other things pertaining to law, the length of time it takes to appear in front of the court depends on many different variables. If your situation requires a trial, the process from beginning to end will likely take years. If a trial is not necessary, your action could be resolved in a matter of months.

 

The answer to this question depends on your individual circumstance. Once we know more about the details of your case, Carruthers Law will be able to give you an approximate timeline as every case follows the same basic structure. We will also advise you of situations in which the process might be prolonged or expedited.

The law in Alberta states that you have 20 days to file a Statement of Defence once you have been served with a Statement of Claim. At this stage, you would collect all documentation you have relating to your case to shape your Statement of Defence, the court document that allows you to respond to the allegations made against you.

 

20 days is not a long time for gathering evidence and preparing a defence, so contact us immediately if you receive a Statement of Claim.

Legal Malpractice

First, you should try to have the mistake corrected, either with your current lawyer or with a new lawyer. If the mistake cannot be corrected and you suffer a loss as a result, you can sue a lawyer.

Not all mistakes will entitle you to compensation. Carruthers Law will help you determine whether compensation is likely in your circumstances.

Lawyers in Alberta are covered by an insurance policy under the Alberta Lawyers Indemnity Association (ALIA). That insurance policy is meant to compensate you for your losses.

There are some situations in which ALIA will not cover a lawyer, meaning it will not compensate you. We are familiar with the policy and can advise you if there is a risk your losses won’t be covered.  

You should not agree to any settlement without knowing the potential value of your claim and what you could be giving up. We encourage you to contact us immediately to discuss whether you should accept the settlement offer.

Estate Litigation

People are generally allowed to dispose of their assets in their Will in any way they please. There are some situations where the court will interfere, though, such as if a Will was created under undue influence or does not provide proper support to a child or other dependant of the deceased.

Carruthers Law will discuss your facts and the law to determine whether you can challenge a Will.

You have 6 months after probate is granted by the court to file an application to challenge a will. If the deadline is within a month, you risk not being able to prepare and file your application. We reccomend that you contact us as soon as possible to discuss your options.

Executors are required to handle estate property and obligations as set out by the Will and by Alberta legislation. If you are a beneficiary and you believe the executor is not doing this you can seek Court assistance.

Contact Carrruthers Law to discuss whether there is any wrongdoing on the part of the executor, and what you can do to address it.

Executors (administrators, personal representatives) have a ‘fiduciary duty’ to protect the interests of the estate beneficiaries in accordance with the Will and provincial legislation. In some cases, executors can be held personally responsible for the mishandling of estate property and obligations, even if by honest mistake. For example, they could be personally responsible for paying the CRA if there are any outstanding taxes after distributing all property to the beneficiaries.

Carruthers Law will guide you through the Estate administration process, advise you of your obligations, and assist you in fulfilling them.

Wills, Powers of Attorney and Personal Directives

A Will directs how your property is to be distributed upon your passing away. Having a clear Will and a clear estate plan can help make the handling of your estate clear for your executor. Carruthers Law can assist you in preparing your Will. For more complex estates, Carruthers Law partners with financial and estate planners who can assist you.

A Power of Attorney allows someone to handle your property, legal and financial matters on your behalf. A Personal Directive allows someone to handle your personal matters, such as where you live, whom you associate with, and medical decisions in the event of a medical crisis. It is important to have these documents in place in the event you face health circumstances which render you unable to handle these yourself.

Having ‘capacity’ means to have the mental capability of understanding and making legal decisions. An individual must have the appropriate capacity to sign a Will, Power of Attorney or Personal Directive, otherwise it will not be considered valid.

Carruthers Law can help to assess a person’s capacity to execute any of these documents if there is any doubt.

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