Using Lawyer to Short-Circuit Trial: Motions and Specific Defences


You’ve been served with a Statement of Claim. You’re being sued, and the person suing you does not want to negotiate or settle. Yet you don’t want to go to court. What can you do?

It will most likely be in your best interests to speak with a lawyer. While many people represent themselves in court, a lawyer can help you resolve the case before it even reaches a courtroom. That can save you time, money and a great deal of stress.

At Lawyer Connection <www.lawyerconnection.ca/find-lawyer-ottawa/>, we can refer you to lawyers near you who practice civil litigation or any field in which you need assistance. If you are unsure of a lawyer’s credibility, then a little research will give you a great deal of information. Put the lawyer’s name into Google, and see if any negative publicity comes up. Has this lawyer ever been censured or disciplined? If you want to know more, contact the Law Society of Upper Canada http://www.lsuc.on.ca to see if this person is in good standing with the Bar. If you want to dig deeper into a particular lawyer’s track record, visit http://www.canlii.org. There, you can find past cases that this lawyer has argued. You can find out what areas he or she specializes in, how many cases he or she has handled, and even how they have been argued.

One advantage that lawyers have over litigants who choose to represent themselves is that lawyers know their way around the legal system. They will be familiar with specific tools to short-circuit court proceedings in certain circumstances.

For example, when did the plaintiff file the Statement of Claim? If it wasn’t within a certain time frame, that may be enough to plead as a defence. Or if the Statement of Claim is improperly pleaded, a skilled lawyer can make a motion to get the entire lawsuit thrown out. Lastly, what if the matter at issue could be decided without need for an entire trial? Then, a lawyer experienced with the Rules of Civil Procedure might be able to get a ruling on Summary Judgment. These are just a few examples of specific ways that a lawyer, in certain circumstances, could get a lawsuit resolved without the need to go to trial.

The legal system is complex, and the civil litigation process operates based on very specific, interdependent rules governing procedures. Skilled lawyers know these rules in a way that even the smartest, most capable people outside the profession do not.

It may seem like it’s more cost-effective to save the money that you’d otherwise spend on a lawyer, but a good lawyer may end up saving you thousands by helping you to avoid taking time off work, becoming entangled in a lengthy court process, and possibly even paying for costs incurred by the opposing party.

Pay the retainer up front, and rely on your advocate, your lawyer. It may be not only more frugal but also less time-consuming, less stressful and better for you in the long run.