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John W. Logan, B.A., LL.B. Barrister & Solicitor, Notary Public, Trade-mark Agent
Corporate and Commercial Law
Corporate and Commercial law is perhaps the practice area with the widest range of activities, from incorporation and maintenance of corporations to purchases and sales of businesses and everything in between. The lawyer may be called upon to advise with respect to a lease for property or equipment, to answer a question regarding the duties and responsibilities of a corporate director and to assist a client just starting up a business, all in the same morning. It is the source of some of the longest and most rewarding solicitor-client relationships as the client and lawyer work together to ensure that the legal needs of the client are met.
Copyrights and Trade-marks
The law has always found it much easier to protect physical assets than intellectual property. A house, an automobile or a piece of heavy equipment can be seen and touched. An interest in a name, a logo or a written work has no physical presence. It is an abstract concept in a real world. However, these assets have value to their creators and owners and this value must be recognized and protected. These property interests must be capable of being sold, pledged as security and licensed for use. The demands of the Information Age have put additional stress on the ability of the law to protect these rights and to facilitate these transactions. Legal concepts centuries old are being adapted to protect everything from printed circuits to software programs.
Information Technology
This rapidly emerging field of law did not exist a few short decades ago. Technological change is all around us, computers are present on almost every desk and many of the effects of this revolution are not fully recognized. Even professional observers often cannot keep up with day-to-day changes in the industry. The law barely struggles to keep up, but struggle it must as business and commerce require that contracts for goods and services, intellectual property rights, licensing of software, the protection of personal privacy and other matters must be addressed and conflicts resolved.
Real Estate
Homebuyers and sellers rely on the services of the legal profession in Ontario to assist and protect them in transactions involving the purchase and sale of homes and investment properties, in many cases the largest assets they will ever own. It is an area in which even the most experienced lay-person can fumble, resulting in additional cost and inconvenience. Many times, the lawyer should be consulted even before the Agreement of Purchase and Sale is signed. He or she can often provide advice on financing options. Maintaining contact with the client throughout, the lawyer will then conduct certain inquiries and searches, prepare and review documents prior to the completion of the transaction and ensure that the client's rights are maintained at the closing and beyond. Banks and other lenders also depend on the services of lawyers in placing new mortgages. Title insurance, a relatively new concept in Ontario, also relies upon the opinion as to title to property provided by a lawyer.
Wills and Estates
People often ask how a lawyer can face the recently bereaved or advise a young couple on the estate planning options available to them for an eventuality that is hopefully many years away. There is no doubt that these can be difficult times for both lawyer and client, however it is the lawyer’s duty and responsibility to guide clients in making the decisions that are best for them and their families. The lawyer must often put his or her emotions aside to do so. This is an area of rapid change in attitudes toward the role of the legal profession and the need for legal assistance. Both private industry and the government seem to be suddenly in competition with lawyers by offering “kits” for preparing Wills and Powers of Attorney. Many advisers are recommending that all of one’s assets should be held jointly with a spouse or loved one to eliminate Probate fees. These solutions may or may not be right for you and should always be reviewed with your lawyer.
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