Employment
Law
To save time and
expense when first meeting with your lawyer, and to ensure
that your lawyer has an accurate and detailed understanding of
your case, you should prepare and accumulate the following
documents and information to bring to your first meeting with
your lawyer:
For Both Employers
and Employees:
1.
Determine if the employment situation is subject
to a collective agreement or involves a master/servant
relationship. This determination will have a significant
impact on the procedure and remedies available to you
or your business.
2.
Prepare a chronology of significant employment
events from hiring to termination
3.
If possible, prepare a written statement outlining
in detail the history of the employment relationship
and the nature of the issue for which you require legal
advice
4.
Locate any employment agreement, or other documents
or correspondence that refer to the terms of employment.
If the employment relationship is subject to a collective
agreement, bring a copy of the entire collective agreement,
including any previous versions of the collective agreement
that may have existed from the commencement of the employment
relationship to the present
5.
Locate and bring any written document containing
a job description of the employment position involved.
6.
Locate and bring any employee policy manuals
applicable to the employment relationship.
7.
Locate and bring any performance evaluations
or job reviews conducted concerning the position in
question.
8.
Locate and bring any documents or payroll records
that relate to the salary and benefits for the employment
position for at least 2 years prior to the meeting with
your lawyer.
9.
Locate and bring documents or other details of
employee benefit packages applicable to the employment
position;
Identify any possible witnesses that would have evidence
relevant to the matter, whether they are helpful to your
position or not. Provide the name, address and phone
number for any potential witnesses.
Personal
Injury Claims
To save time and
expense when first meeting with your lawyer, you should
provide preferably in writing, a statement outlining in detail
exactly how the accident and your injuries occurred. This
would include the following:
a)
The date, time and location of the accident.
b)
If a motor vehicle accident, details about the vehicles
and parties involved and any names, addresses and
telephone numbers of all persons who may be witnesses.
c)
Obtain helpful evidence such as statements, sketches,
photographs and a Police Report if one was made.
d)
If injured be prepared to provide your lawyer with
the names, addresses and telephone numbers of all
persons involved in your care.
e)
Have prepared a detailed statement of what injuries
were sustained by you and what effect, if any, they
have had upon your lifestyle and the names, addresses
and telephone numbers of any persons who can confirm
the problems you have.
f) Be
prepared to provide information on your pre-existing health
and whether or not you have had any similar problems
pre-accident to those you are now experiencing post-accident
along with names, addresses and telephone numbers of those
persons who attended upon you for any pre-existing injuries.
g)
If you have had any wage loss the name, address and
telephone number of your employer and, if appropriate,
a letter from your employer setting out the days missed
and the wages lost with your employer outlining when
you were first employed, your position, your hourly,
weekly or monthly income and the duties of your job.
h)
If you are self-employed the effect upon your business
and whether additional employees were hired to replace
yourself. If relevant, obtain full particulars of
your income loss including business records relating
to productivity.
i)
Be prepared to discuss the effect these injuries have
had upon your domestic and recreational activities
and specifically if there are activities that you
are not now able to do that you were able to do prior
to the accident.
j) Bring
with
you any expenses related to the accident including all
prescriptions, taxis, lost memberships or any
out of pocket expenses paid as a result of this accident.
k) If any services were provided by family
members or friends, provide the names, addresses and telephone
numbers of those persons and the hours expended on your behalf
along with their hourly rate.
l)
If you have disability insurance and have received any
benefits be prepared to provide this information, and
m) Write down
a list of all prescribed medications taken by yourself
both before and after the accident.
These
are just a sample of what would be helpful for you to
take to your initial meeting with your lawyer and will
certainly expedite the prosecution of your claim.
Insurance
Disputes
When you meet with your lawyer for the first time
in relation to an insurance dispute, you should have
on hand some basic information to assist in making the
meeting as helpful and productive as possible.
This includes:
1.
Copies of all relevant insurance documents including
the relevant insurance policy and any correspondence
with the insurer, brokers and/or agents.
2.
Details of the incident or matters giving rise to
the insurance dispute including a list of all parties
involved and their addresses.
3.
Information about witnesses to important events.
4.
A (preferably written)
chronology of key events. As in most types of litigation,
timing issues are very important and can affect your
ability to successfully advance or defend a claim.
A precise chronology is an important component of any
litigation file.
5.
If you have specific questions you wish to have answered,
write these out in advance so none are forgotten.
6.
Be prepared to discuss the type of assistance you
require from the lawyer whether it is summary advice
or full representation in relation to ongoing or anticipated
litigation.
Be
prepared to discuss fee arrangements and anticipate discussing
a budget for legal expenses.
To make your first meeting with your family lawyer
productive, you should prepare an outline of important facts,
including the following:
1. Full name, including maiden name, dates and place of
birth of you and your spouse.
2. If there are children, the full names and dates of birth
of each of the children.
3. Date of marriage (if married) as well as place of
marriage and/or the date that cohabitation began. If you have
the marriage certificate that was issued by the Province or
other jurisdiction in which you were married, bring that
along.
4. Date of separation, if that has occurred.
5. Information for both you and your spouse as to your
income (annual, before tax) and the sources of income. Make
copies of your income tax returns as well as your spouse's for
the last several years (at least three).
6. Prepare a complete list of all assets in your and your
spouse's name. Try to find out if those assets are held
individually or jointly. Include assets that are held on
behalf of either you or your spouse but in some other person's
name. Make copies of documents related to those assets (for
example, tax assessment notice for real estate, bank
statements, employment pension statements, financial
statements for any business, investment statements, including
for RRSP's). If you have a safety deposit box, prepare an
inventory of its contents. Make copies of any documents (such
as savings bonds, wills and so on) and take photographs of
items such as jewellery or other valuables.
7. Make a list of all debts and the amount that is
presently owing. If possible, make copies of mortgage
statements, credit card statements, promissory notes.
8. Reflect on what you believe to be the best parenting
arrangements for your children and note any concerns that you
have about your children (special talents to be fostered,
special needs, safety concerns and so on).
9. Make a list of any expenses relating to your children
such as extracurricular activities, daycare costs, private
school costs.
A sample
Questionnaire is included for assistance. Click
Here
to download
In addition to preparing
for your first meeting, you should also consider the
following:
1. Ensure your privacy by having mail sent to an address
other than your family home.
2. Be familiar with your spouse's business interests.
3. Do not transfer or sell
any asset or move out of the family home without first
discussing it with your lawyer.
4. Keep any separate funds, such as inheritance or personal
injury damages, separate and do not use those to pay family
expenses or debts or to make family purchases without first
discussing it with your lawyer.
5. Do not create additional debts or make large purchases
without discussing it with your lawyer.
6. Try to make sure that you have some money set aside to
meet your needs if you have to move out of the home or stop
receiving financial assistance from your spouse.