13: Must not advise your witness not to talk to the 3-1 other side (2) Notice of Civil Claim must do the following: Ex Parte Proceedings (a) Concise statement of material facts 21: The lawyer must inform the court or tribunal of all (b) relief sought by P against each D material facts known to the lawyer that will enable the (c) Summary of the legal basis for the relief sought court to tribunal to make an informed decision, even if (d) the proposed place of trial the facts are adverse to the interests of the lawyer’s (e) if P sues in a representative capacity, in what client. capacity the P sues Dealing with Other Lawyers (f) Provide the data collection info 6: Must reply reasonably promptly to communication from another lawyer that requires a response 2-1 Duty to treat other lawyers respectfully (1): Unless otherwise provided for, a every proceeding must be Undertakings started by filing a notice of civil claim (NoCC is the default) Definition: Solemn promises made as counsel to do or not to do something 7(a): must not give an undertaking that cannot be B.) fulfilled 7(b) Must fulfill every undertaking given 2-1 7(c): Must scrupulously honour any trust condition (2) Use a petition in these circumstances, or if authorized by once accepted statute or the rules: 10: Must not impose impossible, impractical, or (a) No person against whom relief is sought manifestly unfair conditions of trust or undertakings (c) question is one of construction of an enactment, Default Proceedings will, deed, oral or written K, or other document 12: Must not proceed by default if you know that (d) Relief relates to the administration of an estate of a another lawyer has been consulted without inquiry deceased person, execution of a trust, or performance and reasonable notice of an act by a person in their capacity as executor, *unless- the client expressly instructs you to do administrator or trustee so, in which case those instructions should be (e) Relates to the maintenance, guardianship, or communicated at the outset of the matter. property of infants or persons under a disability (f) Relief sought is for payment of funds into or out of II.) court (g) Relief relates to land and is for a declaration of a beneficial interest or charge on land; declaration A.) settling priority btw interests and charges; an order
13: Must not advise your witness not to talk to the other side Ex Parte Proceedings 21: The lawyer must inform the court or tribunal of all material facts known to the lawyer that will enable the court to tribunal to make an informed decision, even if the facts are adverse to the interests of the lawyer’s client. Dealing with Other Lawyers 6: Must reply reasonably promptly to communication from another lawyer that requires a response Duty to treat other lawyers respectfully Undertakings Definition: Solemn promises made as counsel to do or not to do something 7(a): must not give an undertaking that cannot be fulfilled 7(b) Must fulfill every undertaking given 7(c): Must scrupulously honour any trust condition once accepted 10: Must not impose impossible, impractical, or manifestly unfair conditions of trust or undertakings Default Proceedings 12: Must not proceed by default if you know that another lawyer has been consulted without inquiry and reasonable notice *unless- the client expressly instructs you to do so, in which case those instructions should be communicated at the outset of the matter. II.) A.) 3-1 (2) Notice of Civil Claim must do the following: (a) Concise statement of material facts (b) relief sought by P against each D (c) Summary of the legal basis for the relief sought (d) the proposed place of trial (e) if P sues in a representative capacity, in what capacity the P sues (f) Provide the data collection info 2-1 (1): Unless otherwise provided for, a every proceeding must be started by filing a notice of civil claim (NoCC is the default) B.) 2-1 (2) Use a petition in these circumstances, or if authorized by statute or the rules: (a) No person against whom relief is sought (c) question is one of construction of an enactment, will, deed, oral or written K, or other document (d) Relief relates to the administration of an estate of a deceased person, execution of a trust, or performance of an act by a person in their capacity as executor, administrator or trustee (e) Relates to the maintenance, guardianship, or property of infants or persons under a disability (f) Relief sought is for payment of funds into or out of court (g) Relief relates to land and is for a declaration of a beneficial interest or charge on land; declaration settling priority btw interests and charges; an order
Greenberg%20&%20Michaud_Law_270_-_Civil_Procedure_Fall_2010_Kate_Phipps.docx