FAQs

Do I have to get legal advice? Is legal advice necessary?

Answer: Whether you are seeking legal advice proactively or because a problem has already arisen, a lawyer can help you or your organization decide on the best course of action. Seeking legal advice proactively can often avoid costly financial risks from developing and seeking legal advice soon after learning of a problem can assist in defusing a difficult situation or minimizing damages. We recommend that you always obtain legal advice before you enter into an agreement. Do not sign an agreement without legal advice.

Is there any cost for an initial consultation with Overholt Law?

Answer: After we determine the general nature of your inquiry and confirm we have no conflict in advising you, our services are provided for a fee. We are happy to discuss our billing arrangements with you at any time. As fees for legal expense for your organization or for you personally may be tax deductible, we recommend you hold on to copies of our invoices to raise with your accountant or tax lawyer come tax time.

How do you determine whether you have a conflict of interest?

Answer: We owe each of our clients a duty of undivided loyalty. It is important to us to determine properly prior to receipts of engagement, whether there is any risk of a conflict arising which would prevent us from discharging that duty. In order to assess whether there is the risk of a conflict, we need to understand the nature of all possible claims and the names of all organizations and individuals who would be adverse in interest to you. In this way we will be able to assess the likelihood of conflict arising.

What is the best way to prepare for an initial meeting with Overholt Law?

Answer: If you are a business, we will need to know whether you are a corporation, partnership, proprietorship or other legal entity. We will require your proper legal name and any registration or identification number. If you are a proprietorship or seeking advice personally, we will require a copy of your driver's licence.

We recommend that you prepare a written chronology or outline describing the background and identifying the facts and documents that are relevant to your inquiry. With this information, we will be able to respond efficiently to your inquiry. The written chronology may be useful in later referencing your recollection of the events and important discussions. Written statements that are either simultaneously made or written immediately following the event or incident may prove to be very helpful in the event of litigation.

Why is identification necessary?

Answer: The Law Society of BC and liability insurance carriers require us to take steps to know our client and to maintain good records of each engagement.

Can Overholt Law represent more than one client in connection with the same matter?

Answer: It may be possible to do so after we understand the nature of the matter. Any joint engagement would be done by a written agreement stipulating the terms of the joint engagement and our adherence to the Law Society of BC Rules.

Is our discussion confidential?

Answer: Yes, our discussions with you are privileged and strictly confidential. Overholt Law has invested in a good technological infrastructure. We are not in the Cloud. In establishing Overholt Law, we obtained advice on firewalls to ensure the confidentiality of our communications with our clients.