…maybe, maybe not.
Once someone contacts me about their matter, the first thing I ask them to do is come in and let me go over all the paperwork and see what exactly is happening and what their choices are. After I review their documents we chat about whether they should go forward or not.
Once a paralegal looks over the evidence and hears the story, we have a fairly good idea how you will walk away from the situation if you decide to proceed with the Claim and sometimes we will say you have a great chance of getting a Judgement for your $10,000.
…and that is usually all the client wants to hear. “Great! Let’s get start then!” they say.
I say, “not so quick.” I always ask about the people involved in the Claim. For example, one time the main witness was a 12 year old girl. We discussed what it is like to be put on the stand and be questioned. At least being questioned by me she would know my face and be comfortable talking to me but on cross-examination, she would not be prepared at all. Another time, it was a women who wanted to retain me but after speaking further to her, she thought that if she retained me she wouldn’t have to step into a courtroom. Once I told her she would have to testify, she didn’t pursue the Claim at all.
We also chat about the entire process and how long it could take, the different steps involved in getting to the end result. I was at 47 Sheppard, Toronto, today filing something and the Clerk told me there is six to eight month waiting period now for trials!
And of course, we talk about fees. If you want to recover a small amount, it isn’t worth paying the legal fees as it then all becomes a wash and a lot of time and effort spent for nothing. Now don’t get me wrong, I love the work and I have clients who hire me anyway because it is the principal of it at the end of the day. But I always make sure my client’s expectations are on track.
Suing someone is not a walk in the park. It can be very stressful, very time consuming and very frustrating, even with a representative at your side. Think it through and ask your representative all the questions you need to have answered to make a good decision.
Remember a Judgment is just a piece of paper, enforcing it is the really fun part, but we can chat about that next Friday 🙂
