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WELLNESS In Your Community By Robert M. Mullin, - Association of ...

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■ Build a Relationship<br />

We all know that finding a doctor<br />

when you are sick is nearly impossible.<br />

Building a personal relationship<br />

early with the pr<strong>of</strong>essional who<br />

will take care <strong>of</strong> you can pay big<br />

dividends. The board should see the<br />

corporation’s lawyer as a trusted advisor<br />

and someone they enjoy talking<br />

to, even if the circumstances <strong>of</strong> the<br />

conversation are less than ideal. This<br />

type <strong>of</strong> relationship allows you to use<br />

your lawyer to avoid problems before<br />

they start and to think <strong>of</strong> creative, tailored<br />

solutions when they do. A pr<strong>of</strong>essional<br />

giving proactive advice is<br />

far superior to one providing reactive<br />

advice in an emergency. Although<br />

you may find a lawyer to assist you<br />

during a crisis, the timing and effort<br />

needed may be high.<br />

■ Meet the Team<br />

Keep in mind that behind every<br />

great lawyer is a great team. <strong>Your</strong><br />

lawyer should encourage you to meet<br />

the lawyers, articling students, law<br />

clerks and assistants who will work<br />

on your matter. Feel free to ask your<br />

lawyer what tasks they may delegate<br />

to these team members. Consider carbon<br />

copying clerks on your emails as<br />

they may be able to provide a quicker<br />

response. <strong>Your</strong> condominium deserves<br />

pr<strong>of</strong>essional service at all stages<br />

<strong>of</strong> the legal process and your confidence<br />

in the entire team is important.<br />

Furthermore, when your lawyer is<br />

temporarily unavailable, it is these<br />

team members who will be there to<br />

help you. Law firms with a strong<br />

team work ethic will pull together on<br />

your behalf to get things done.<br />

■ Set Fees Upfront<br />

At the beginning, always be upfront<br />

and inquire about the legal fees.<br />

Often a problem will erupt, and the<br />

property manager will call the condominium’s<br />

lawyer. Despite the repeated<br />

letters from the property manager, a<br />

unit owner continues to let his stereo<br />

reach glass-breaking volumes. The<br />

lawyer diligently takes notes during<br />

the phone call, the property manager<br />

asks for a strongly worded legal letter,<br />

and the conversation ends. Both<br />

the lawyer and the property manager<br />

have assumptions as to how much<br />

this letter will cost. There is an old adage<br />

about assumptions, and it holds<br />

true here as well. Unfortunately, for<br />

many, talking about money can be<br />

a touchy subject. When retaining a<br />

lawyer, it never should be. A lawyer<br />

should not be <strong>of</strong>fended if they are<br />

asked “and how much do you think<br />

the fees on this will be?” The goal<br />

is to avoid an invoice that surprises<br />

the property manager, <strong>of</strong>fends the<br />

board and leaves someone having an<br />

uncomfortable follow-up with the<br />

lawyer. Avoid problems down the<br />

line upfront, and nail down the fees<br />

at the start.<br />

■ Flat Fees<br />

Many lawyers in Ontario are beginning<br />

to <strong>of</strong>fer flat fee service. When<br />

you hop into a cab, the meter starts<br />

to run until you either reach your destination<br />

or run out <strong>of</strong> money. Oddly,<br />

when you call an airport limo, the fee<br />

is set up-front, despite traffic jams or<br />

unexpected detours. Always ask the<br />

lawyer if a flat fee is possible. For<br />

many condominium legal services,<br />

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■ 46 ■ CM CONDOMINIUM MANAGER MAGAZINE, SPRING 2012

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