Frequently Asked Questions
General
What kind of cases does Fair Legal handle?
Civil Litigation:
Civil litigation cases are about disputes over money or property that have arisen because of broken promises (contracts) or because of negligence or other failures to respect personal rights and obligations.
Family Law:
Family law cases are disputes about children, family property, support/maintenance, and divorce/separation. Sometimes family law cases concern domestic violence, personal safety and protection of children from harm.
Criminal Law:
Criminal law cases are disputes about whether crime has been committed. At Fair Legal, we are “defence counsel” because we defend people who have been charged with a crime.
How would you represent me?
Every case and client is different. We value tailoring our representation to meet your individual or business needs, while striving to ensure you get the results you are looking for.
How much is this going to cost?
The basis for determining our fees is the time we spend providing you with legal services. In determining chargeable time, we include a variety of tasks that accompany legal work and case management. The cost will completely depend on what your specific situation entails.
What is a retainer and how does it work?
A retainer is money you pay to a lawyer to secure their services. This money is a deposit on future legal fees and expenses the law firm will incur on your behalf. It is like always having gas in your car. At Fair Legal we will hold the retainer-like collateral. You will be invoiced monthly and you will be required to pay the invoice and leave the retainer in place until the matter is closed when you would be refunded what is remaining after your final invoice
How do I start the process?
You will begin your legal journey by calling in to our office at 403-239-2249, where we will set up your free initial discovery call with our business manager. Once we have the basic information of what your situation entails.
What will the rest of the process look like?
Each case is incredibly unique, so it is impossible to outline exactly what this journey will look like for you. However, there are similarities between almost every case that include: the investigation phase (finding out what the facts are); the negotiation phase (discussions aimed at reaching an agreement that resolves the dispute); and, if the dispute cannot be resolved by agreement, the litigation phase (presenting the case to a court in a legally persuasive manner to ask the court to resolve the dispute).
We also want to take the time to recognize that a legal dispute can be daunting, and that it can cause anxiety and fear. We want you to know that we approach every case with empathy and without judgment.
How do I know if it is worth it to hire a lawyer?
At Fair Legal, we recognize that hiring a lawyer is a big decision that requires care, thought and time. If you are feeling overwhelmed by this decision, we encourage you to give us a call, so that we can figure out the best course of action for your unique matter.
Family Law
What's the difference between divorce and separation?
You and your spouse will be single at the end of the divorce when the court officially ends the marriage. A legal separation is when two people decide to live apart, but this does not terminate the marriage. The same legal issues are addressed in either situation like child custody, child and spousal support and division of matrimonial property and assets.
How long do you have to be separated before divorce in Alberta?
Separation is when you and your spouse have lived apart for at least 1 year before a divorce judgment is made by the court. You can start the divorce action during the 1-year period, but you must wait until the year has passed to file for a divorce.
What’s the difference between an uncontested divorce and a contested divorce?
An uncontested divorce is one where both parties agree on all issues that arise from the divorce. This can typically be resolved without spouses appearing in court.
A contested divorce is when both parties disagree over issues arising from the divorce. Common disagreements surround child custody, spousal and child support, as well as the equalization of property.
I’m thinking about getting a divorce. Where should I start?
Beginning the divorce process is an especially emotional time for all involved. It is important to reflect on what is best for you and your family. We recommend taking the time to seek out resources that can help you through this transitionary period and provide you with the support you need. If you are curious as to what your options are, please give our office a ca
What is mediation and do you offer this service?
Mediation occurs when both parties attempt to resolve the case outside of trial. A neutral third-party helps to find a resolution. Charles is trained in mediation and this option can be discussed.
I want to leave my spouse but I’m a stay-at-home mom. What rights do I have?
This is a tricky situation but don’t fret! You are not alone and a caring and smart lawyer can help you to understand what your options are. Don’t feel alone or afraid. You have rights and an experienced lawyer can explain child support and spousal support options to you.
How do I get a divorce in Alberta if I am gay?
Same-sex marriage became legal in Alberta in 2005. Your gender does not matter in any LGBTQ divorce. The law around these types of relationships remains the same for all people going through a divorce.
Criminal Law
What can a defence lawyer do for me?
The Crown must prove your guilt beyond a reasonable doubt and the onus is on them to do so. A knowledgeable and skilled defence lawyer can assess your case and provide you with an expert opinion as to your best option for proceeding.
I have been arrested and charged with a crime. What do I do?
Typically, we advise clients that are under arrest to exercise their constitutional right to remain silent and not answer any questions they are asked. However, this can change form case to case. We encourage you to immediately begin the process of hiring a defence lawyer, so that you can set up a one-on-one meeting to go over the specifics of your case.
My child has been charged with a crime. What do I do?
As a parent/guardian, you play a critical role when your child encounters the youth justice system. We recommend that you help them get advice from an experienced criminal lawyer as soon as possible. You should avoid making statements to the police without a lawyer present. You can read more about the rights your child has under the Youth Criminal Justice Act here.
How long will it take for my case to get to trial?
It completely depends on the nature of your case, as well as which other cases are pending. An estimated time can be anywhere from several months to over a year. At Fair Legal we will review your options with you and do what is necessary to avoid trial with a resolution beforehand if possible.
What is the difference between an emergency protection order (EPO) and a no contact order?
An EPO is granted when there is an immediate need for protection. An individual can apply for an EPO without notice to the other party, and it can be used to remove an offender from the situation and keep them from returning.
A no-contact order is completed with notice to the other party and may not be as urgent as a situation that calls for an EPO.
In both cases, an individual who disobeys the order can face civil or criminal charges.
The Police are investigating me for a crime and want to speak to me. What do I need to know?
In Canada, you have the right to remain silent, meaning you do not have to answer any questions the police ask you. You also have the right to counsel, meaning you have the right to talk to a lawyer without delay when you're being detained or arrested. You should always speak to a lawyer before you speak to the police. However, contrary to what you may see on TV in the US, in Canada you do not have the right to have a lawyer present with you during questioning.
Civil Litigation
When should I go about speaking with a litigation lawyer?
We advise that you should take this step before you make or defend a claim. In other words as soon as you find yourself embroiled in a civil dispute.
What kind of approach can I expect from my lawyer during my civil dispute?
Our goal will be to resolve the litigation in a timely and cost-effective manner, so that you can move on with your life without exhausting more energy than necessary on the case.
What is litigation?
Litigation is the process in which matters are resolved in a court of law. Civil matters can be described as situations dealing with relationships between people or businesses. This can range from defamation, breach of contracts, lawsuits, negligence, personal injury, and property disputes. Litigation also includes Family law matters such as divorce, child support, parenting and adoptions.
Someone owes me money for work I did for them but they won’t pay me. How can I get paid what I am owed?
The simplest way to collect money that is owed to you is simply to ask the debtor to pay. Our legal system expects that generally people will pay the debts they owe and sometimes need to be reminded of their obligations. A lawyer’s name behind the letter will often to work. If collection efforts are unsuccessful a lawsuit is usually the next steps in the litigation process.
We are your champions for justice when life gets messy.
Life Happens.More Than a Lawyer.
