so, in Canada, is the client in this case able to collect from the
lawyers for malfeasance, or incompetence?
Randy Bennell via Mercedes <mailto:mercedes@okiebenz.com>
February 7, 2020 at 2:21 PM
I wonder if the reference to working late in the old movies and tv
shows might have been an effort to show that these folks were hard
working and successful?
With a show like Perry Mason, I don't think that portraying him as
working in the evenings would be unusual. He was a litigator - a court
room lawyer and I would expect that a lot of those folks do work
evenings and weekends preparing for the next day of a trial and
meeting with clients and witnesses to prepare them. I just read a case
where the lawyers very obviously failed to properly prepare or test
their expert witness to their detriment. They called their client's
accountant and qualified him as an expert witness to testify as to
losses sustained by the client due to the actions of the defendant.
Their witness was totally unable to explain how he had arrived at his
conclusions. The defence lawyer cut him to pieces in cross examination
and the Judge basically said his testimony was worthless and as a
result, there was no evidence to support the plaintiff's claim. The
lawyers should have spent more time with him to be sure that he knew
his stuff and could support his conclusions with calculations based
upon some facts. In the alternative, they would have learned that he
could not be relied upon and found someone else to testify on behalf
of their client.
RB
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