Milton Verskin

 

barrister and solicitor

practicing in Toronto, Ontario

Q:       Will what I tell you be kept confidential?

A:       I will not repeat anything you say to me without your consent.

 

 

Q:       If I have a dispute with someone, how do I prepare for my first meeting with you?

A:       There is no need to prepare.  All that you need to do is tell me what your problems are and I will then guide you as to what information I need.  To some extent, I will be able to tell you what I need in the course of our introductory telephone call.  However, if you wish, you may make some rough notes summarizing the important facts in your case. Collect your most important documents and arrange them in date order.

 

 

Q:       If I want to enter into a business relationship with someone, how do I prepare for my first meeting with you?

There is no need to prepare.  All you need to do is tell me the nature of the business relationship which you plan to have and I will guide you as to what information I need.  To some extent I will be able to tell you what I need in the course of our introductory telephone call.  However, if you wish, you may make some rough notes summarizing the important things which you wish to achieve in your proposed business relationship, how you wish to achieve them, what dangers you envisage, and some of the relevant circumstances pertaining to yourself and the person with whom you wish to do business.

 

 

Q:       What will your advice cost me?

A:       In the course of our first telephone conversation, I will let you know my rate per hour and  what your first meeting is likely to cost and what I hope to achieve in that first meeting. At the first meeting, I will give you an estimate of what your fees are likely to be after that, giving you a rough breakdown.  However, legal problems often have surprises, with the result that we might have to revise the estimates as we go along.  If at any time you feel that it is no longer worth your while to spend fees on the problem, you may tell me to stop working, in which case you will not be liable for any further fees.

 

 

Q:       If I wish to commence an action against someone, how can I know if I will win?

A:       You and I will investigate your case very carefully.  We will collect a great deal of information and then I will give you my legal opinion.  It is very seldom that I can tell you that you will definitely win or that you will definitely loose. This is because court cases are, by their very nature, liable to have surprises and also because much is left to the discretion of a judge.  Different judges look at facts in different ways.  Therefore, the advice I which I usually give is in terms of probability.  I tell you whether your chances of winning are better than your chances of loosing, or the other way round.  I take great care to let you know both the positive and the negative side of your case so that you will be in a position to make an informed decision as to what to do.  As the case goes on, we keep  reassessing your position in the light of new developments.

 

 

Q:       I am small and I have a dispute with someone big and wealthy.  What chances of success can I           have?

A:       In most cases, this does not matter.  The court will consider the merits of your case and your financial position will be irrelevant.  However, in some cases, particularly very complex ones, where there is a need to collect a great deal of evidence, your case can be very expensive and therefore difficult for you to fight against an opponent who has the resources to fight such a case.  This is the kind of issue which we would have to discuss when considering your course of action.  But before you think of abandoning your case in such circumstances, you should first discuss the matter with me. You may be surprised at what can be done on your behalf.

 

 

Q:       What happens if I want to settle a case, rather than fight it in court?

A:       Most cases are settled.  Very few go all the way to court.  However, you can never force an opponent to settle, no matter how badly you want a settlement.  The courts encourage settlement.  Mediation is often compulsory, which means that in such cases you cannot go to court unless you have first attempted to settle by way of mediation.  But if your opponent is determined to fight, something which does  happen, though not all that often, you will have no choice but to either fight or give up.  This is an aspect of your case which we would discuss from time to time.

 

 

Q:       What happens if my case is something which you cannot handle?

           I will never take on a case which I cannot handle.  If I cannot handle a case, either because I do not have the time or because it falls within an area of the law which is outside my range of practice, I will try to recommend another practitioner whom I trust.

 

 

Q:       What control do I have over the way in which you handle my case?

You and I will work as a team.  I will tell you what facts I need and I will tell you the relevant law, the problems in your case, and your strengths.  I do my best to put you in a position where you can make an informed decision as to how you want to proceed.  If at any time you do not want to continue with your case, you are free to do so.  There may be times when I will strongly advise a particular course of action, but that will not mean that you have to follow it.  In the end, the case is yours and I take my instructions from you.

FREQUENTLY ASKED

QUESTIONS