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What techniques are available for preserving the interests our family business during collaborative negotiations?

The court process allows for only a rights based determination of the issues at hand. However, there are many intricacies involved when separation and divorce include a family business. As an alternative to a purely rights based approach, other options can be considered in a collaborative approach, including:

  • Family trusts or holding companies as a method of sharing income from the family business
  • Tax planning, avoiding the possibility of triggering a Canada Revenue Agency audit
  • Considering the formation of a new family trust
  • Employment of children in the family business
  • Estate, succession, and capacity planning
  • Ensuring... MORE »

My limited scope retainer is finished. What’s next?

When your lawyer completes all of the tasks contained in your limited scope retainer, the solicitor-client relationship comes to an end. You should now determine if your outstanding legal needs would be met by another limited scope retainer.

If so, a new limited scope retainer will be required, even if it is for the same legal services. If not, then a general retainer may be a good idea, provided you have the financial means to do so.

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Does my ex-spouse have to know I hired a lawyer on a limited scope retainer?

A lawyer is required to avoid acting such that it appears the lawyer is providing services to the client under a full retainer. If the lawyer deems that disclosure of the nature of your retainer is necessary to meet this requirement, then the lawyer will seek your instructions to disclose this information to an opposing party and/or their counsel. Such discretionary disclosure may also be necessary where the lawyer represents you in court.

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Are my chances of getting the result I want higher under a general retainer as opposed to a limited scope retainer?

Your ability to manage the parts of your case you are responsible for under a limited scope retainer is a key factor in your success throughout your case.

If you do not meet procedural and substantive requirements for moving your file forward or cannot present your interests in the best possible light, then a limited scope retainer may not achieve the result you are seeking.

However, if you are able to do so, then your chances of getting the result you want under a limited scope retainer will likely be comparable to... MORE »

My decision to represent myself for certain aspects of my case is not working out as I planned. Can I upgrade my limited scope retainer to a full retainer?

It depends on the circumstances. If you took all necessary and reasonable steps to keep the parts of your case you were responsible for up to date, then a lawyer may quite likely be able to take full carriage of your file under a full retainer.

However, if you did not, then considerable time will be required to rectify the course of your proceeding. Under these circumstances, a full retainer depends on the lawyer’s ability and availability to provide full legal representation competently and efficiently.

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