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Client
Representation
Modern litigation is very expensive. Accordingly,
Stockwoods is committed to cost-effective
client representation. A small case cannot
bear a senior lawyer's hourly rate. Even
in a large case, senior lawyers delegate
parts of the case to other members of
the firm. Senior lawyers are always available
for advice and direction in any case.
However, it has been our experience that
clients keep their costs down by dealing
with a lawyer having day-to-day responsibility
for their cases. Through this type of
delegation, we avoid "overlawyering".
In short, our structure and size permit
us to staff your litigation matter wisely.
When a case demands intensive work, we
allocate all necessary resources. When
a case requires management over time,
we ensure that a lean and competent team
is always responsible and fully aware
of the legal and tactical situation.
Before taking any step which may result
in substantial expense to our clients,
including conducting extensive legal research,
we are always available to critically
assess the merits of the case with our
clients.
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Litigation
Some lawyers retained by clients contemplating
or already involved in civil litigation
simply proceed to sue or defend without
assessing the case. We do not operate
in this manner.
Wherever possible, our first step in client
representation is to give our clients
an opinion on the merits of their case.
Sometimes we can give an opinion that
the case is strong; other times, that
it is weak. Most cases fall somewhere
in between. We try to give an opinion
at the earliest stage, but sometimes have
to wait until the discovery process has
been completed to give a final opinion.
After assessing the case, we consider
settlement. Ninety-five percent of commercial
cases settle at some stage in the proceeding.
Many administrative or criminal cases
resolve on a negotiated basis as well.
Unfortunately, most negotiated results
come after a great deal of time and money
has been spent. While some people believe
that it is a sign of weakness to suggest
settlement negotiations, we are convinced
that they are ill-informed in expressing
this belief. Good counsel are always ready
to negotiate, but enter upon settlement
negotiations with an informed view of
their settlement goals and a firm view
of what is reasonable.
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The Legal
Profession
At Stockwoods, we recognize the obligation
of individual members of the legal profession
to contribute to the administration of
justice and to the continuing education
of lawyers. Members of our firm have traditionally
been involved in court committees concerning
the operation of the Commercial List,
the Alternative Dispute Resolution initiative,
and have served as directors of the Advocates'
Society and as executive members of various
sections of the Canadian Bar Association
- Ontario.
We value the fact that our members are
regularly asked to make presentations
at continuing legal education programs,
act as instructors in the Bar Admission
Course and serve as adjunct faculty at
Ontario law schools. Our senior partner,
David Stockwood, has for a number of years
acted as editor-in-chief of The Advocates'
Society Journal, a publication which covers
current developments in the law. In addition,
members of the firm have published books
on topics such as civil litigation, injunctions,
the law of evidence, forms used in litigation,
search warrants, and the law of sentencing.
We see our involvement in these endeavours
as contributing to the expertise we offer
to clients.
For more information on our involvement
in the legal profession, please see our
individual lawyers
or the
latest news.
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Litgation (cont'd)
Obviously, it is not possible to conclude a settlement if the opponent and his or her lawyer do not understand the issues or simply refuse to be reasonable. It is usually this type of case that goes to trial or settles at the last minute.
If settlement is not possible, the next stage to consider is Alternative Dispute Resolution ("ADR"). This can involve mediation (a non-binding process where the third party acts as an evaluator/facilitator) or arbitration (which leads to a binding decision) rather than litigation. ADR requires the co-operation of the opposing party, but is faster and cheaper than litigation. If ADR is not acceptable to the opposing party, litigation is the only alternative.
Our ultimate aim in representing clients in civil litigation is to get the best, most cost-effective result at the earliest possible stage.
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