Areas of Law
Areas of Law
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  • 62022.03
    This paper explores the lawyer-client relationship in managing conflict. It reviews the foundation of the Conscious Conflict Resolution [CCR] Program and provides practice tips to help lawyers and clients better manage fear and conflict in litigation. This paper is part of a collection presented at LESA’s Client Relationship Essentials seminar in Edmonton on April 18, 2017. This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.  Click here to view sample
  • 62022.01
    Recently, there has been a major movement to improve client services and client satisfaction within the legal profession. This paper discusses the need for law firms to take a more client-centered approach to ensure client satisfaction and loyalty and to remain competitive. First, this paper examines research on client satisfaction shortfalls in law firms. Next, it discusses general client service principles learned from other industries, and then discusses how to tailor those client service models for law firms. Finally, this paper provides practical pointers for improving communication with clients. It also includes the following precedents: client reporting letter; client interview sheet; and retainer agreement. This paper is part of a collection presented at LESA’s Client Relationship Essentials seminar in Edmonton on April 18, 2017. This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.    Click here to view sample
  • 62036.05
    Rule 4.33 and 4.31 of the Rules of Court (often referred to as the “drop dead” and “chronic delay” rules) have recently be subject to amendment and judicial examination. This paper provides an overview of the developing law as it relates to the requirements for an application to dismiss an action for delay under rules 4.33 and 4.31. It reviews the 2016 amendments that added a suspension period to Rule 4.33, and discusses the test for a “significant advance” as it relates to Rule 4.33 in the context of recent case law. This paper also discusses the recent relaxation of the test applied by the courts under rule 4.31, and highlights the court’s treatment of inordinate delay, credible excuse, serious prejudice, and faded memories within the context of rule 4.31. This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.
  • 62036.04
    This paper reviews the specific rules and exceptions in the Rules of Court for questioning certain categories of witnesses. In particular, it discusses questioning corporate representatives under rules 5.4, 5.17, 5.18, and 5.29. It also considers questioning minors under rule 5.17, including court applications to determine competence and providing adequate protection to a child in questioning. Finally, the paper discusses questioning professional defendants, highlighting relevant case law. This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.
  • 62036.03
    This paper examines the use of questioning transcripts and notices to admit under rules 5.31 and 6.37 of the Rules of Court. It discusses the application of these rules, limitations and clarifications provided by case law, and practical tips for utilizing these evidentiary rules. This paper also provides some brief commentary on other evidentiary rules, including non-suits (rule 8.20) and exclusion of witnesses (rules 8.12 and 8.13). This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.
  • 62036.02
    The amount of information that may be uncovered during discovery can be significantly broadened by considering records and information held by non-parties. This paper explores several tools available to counsel that may be employed to compel production for non-parties during discovery, including: Norwich orders (r 5.13); introducing evidence from another action (r 6.11(1)(f)); and undertakings to obtain records from third parties (r 5.30(1)(b)). The paper also discusses questioning non-parties under rules 5.17, 5.18, and 6.8, and considers some of the limitations on these rules illustrated by case law. This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.
  • 62036.01
    Part 7 of the Rules of Court is devoted to the resolving claims without requiring a full trial. These rules provide litigants with various options to pursue for an expedited resolution of claims. This paper provides an overview of the rules in Part 7, outlines recent judicial consideration, and highlights practical and strategic application of those rules. In particular, the paper focuses on applications to resolve particular questions or issues (rule 7.1); applications for summary judgment (rules 7.2 and 7.3); and applications for judgment by way of summary trial (rule 7.5) This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.
  • OC-61923
    Develop a practical understanding of how to handle a Queen’s Bench civil case. Review pre-trial considerations, how to use a proof table to organize your evidence, and how to best introduce evidence at trial. Cover strategy for opening statements, examining a witness in chief and cross, and using expert witnesses. This on-demand program was originally presented as an in-person program in January 2015. Total running time is 5 hours, 9 minutes.
  • OC-61956
    Learn how to communicate more effectively by writing accessible, understandable, and persuasive documents. Discover tips and tricks to apply to any form of legal writing: drafting affidavits, statements of claim, mediation briefs, client reporting letters, and more. This on-demand program was originally presented as an in-person program in September 2014. Total running time is 2 hours, 30 minutes.
  • 61994.04
    This paper discusses dealing with challenging witnesses and counsel during questioning. It provides practical advice to allow counsel to manage various situations that may arise when encountering challenging witnesses or opposing counsel, and reviews ethical considerations. This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.
  • 61994.03
    This paper discusses an insurance company’s statutory right to examine their insured under oath where loss or damage occurs to a vehicle covered by an automobile insurance contract or Standard Automobile Policy. This right, which assists an insurer in investigating a claim, is often exercised by insurers, but may not always be well-understood by counsel. In this context, the statutory basis for examining an insured under oath and its application are discussed, and leading jurisprudence on an insurer’s right to examine an insured under oath is reviewed.
    This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.
     
  • 61994.02
      With an increasing emphasis being placed on interlocutory proceedings, effective use of the questioning processes are as important as ever to advance your client’s case and learn and weaken your opponent’s. This paper discusses the different forms of questioning, and when and how to use them. In particular, the relevant rules, purpose, scope, types of questions, mode of questioning, and use of transcripts are reviewed for each of the following: questioning for discovery, questioning on affidavit, and questioning of a witness before a hearing. Additionally, practice points are provided to assist counsel to make the most effective use of questioning in their practice.
    This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.