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We are looking for a Canadian lawyer to help us structure a…

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Hi, We are looking for a...
Hi,
We are looking for a Canadian lawyer to help us structure a Canadian freelancing platform.
Submitted: 10 months ago.Category: Canada Business Law
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Answered in 3 days by:
10/9/2017
Business Lawyer: ulysses101, Lawyer replied 10 months ago
ulysses101
ulysses101, Lawyer
Category: Canada Business Law
Satisfied Customers: 3,757
Experience: Over 10 years experience in litigation, focus on family, criminal, and civil law
Verified

Hello, thank you for the question.

Can you be more specific in what you're looking for?

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Customer reply replied 10 months ago
Hi Ulysse! :)
We are just starting so at this point we are looking to have an overview of all the areas of vulnerabilities of the business:
- Liability if freelancer make errors (they are bound by a professional institute)
- Contract between us and freelancer
- Contract between us and employer
- Contracts between freelancer and employer
- Elements that would help keep users doing transactions on site
- Etc.
Business Lawyer: ulysses101, Lawyer replied 10 months ago

I understand. I'm going to opt out as your expert because I can't help you with all of that. And I suspect that no other expert will take up the thread because you're asking the site to provide you with all of the legal information and advice that your retained counsel should be be answering.

We are anonymous lawyers here, providing recommendations and options and legal information. This site is based in the US and it isn't a law firm, so your use of the site cannot replace your appropriate use of retained corporate counsel.

Also, think about your insurance, your errors and omissions. If your contracts, platform, and business plan have been done by an anonymous online lawyer, how far is that going to to protect you?

If you have a specific question then it's possible that an expert here can assist. But what you're asking is way beyond the site's purview. Does that make sense?

I see you have become a member, and thus you've made a payment to the site. The site is great value and has a variety of categories; the legal, mechanical, and medical categories are very popular and provide good information. But if you were hoping that a membership would be able to replace retained corporate counsel I'm sorry to say that it won't suffice.

So think about whether you want to keep the membership, and if you don't then contact customer service about it. I'd hate to see you giving money to the site and not get any value (I'm not a site employee by the way, obviously).

Anything else you'd like to discuss with me about this? I haven't answered you so I'm not going ask you for a service rating.

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Customer reply replied 10 months ago
Hi Ulysse,
Thank you so much. Yes, you are right, I think people were uncomfortable with the potential scope of the project, which is completely understandable. In total honesty, I thought I would try and see what can happen. Would you have any suggestion on where to start with this project? Where I should spend my energy on? Are you a Canadian lawyer?
Business Lawyer: ulysses101, Lawyer replied 10 months ago

I am a lawyer in Canada. But remember that the site isn't a law firm and it's based in the US.

Part of why a company pays a lawyer is for the ability to sue the lawyer if the legal stuff isn't done right. Which is one of the reasons why lawyers, especially corporate/commercial lawyers, charge so much.

But you can't sue me if I tell you what to do if I steer you wrong, because the site isn't a firm, it's in the US, and you don't know who I am.

I see questions like this sometimes, usually small home drop-ship businesses hoping that for a few bucks we'll steer them through all aspects of managing their business. Even if they are willing to get a membership and ask separate question threads I tell them the same thing: we can't replace retained legal counsel. If you read the T&C of the site you'll actually see that it's "for entertainment purposes only". Well, I treat the site's customers more seriously than just trying to entertain them but there are still obvious limits on what I can do, and on what you should rely on the site for.

I appreciate that you're trying to get a new venture off the ground. A good place to start to find the lawyer that's right for you is to ask your bank manager or your accountant; these are professionals who know other professionals and can likely steer you towards someone whom they know does the work you need, and will do a decent job. Accountants are a great start, but only if they belong to a firm, not just a dude who works out of his basement.

This isn't the kind of thing you just want to start calling lawyers in the phone book to see if they can do it. You need a personal referral and hopefully introduction too. Does that make sense?

Since I've answered a question now, I'll mark the thread open for rating. Not that I'm expecting you to pay for this discussion, but if I've helped you and you want to see me paid for my time that would be great. It's up to you. Ratings are how I'm paid by the site for helping its customers.

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Customer reply replied 10 months ago
Thanks :)
I really appreciate your honesty.
Would we be allowed to work together outside of this site? If so, in which city are you based?
Business Lawyer: ulysses101, Lawyer replied 10 months ago

I'm in Ontario, and I don't do this kind of work except in a very cursory fashion. I took your question because it was hanging for a few days and I didn't want you to think that the site was bogus. The issue is that no other expert took the thread up because it was "too big".

Honesty is easy when one is anonymous. That's why I like being on the site. It doesn't pay great, but I can actually help people because I can cut to the chase with them, there's no element of having to manage a client's expectations.

The thread will stay open for a while if you want to talk to me further, but I don't know what's left to discuss. But I'm here if you have question or comment.

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Customer reply replied 10 months ago
Ok, thanks for your feedback :) I really appreciate that :)
Customer reply replied 10 months ago
Oh I actually have a question for you. Else than via referral (as we don't know many people who can refer us), would you have a recommendation on where to find lawyers with specific expertise? and to somehow being able to assess their work beforehand?
Business Lawyer: ulysses101, Lawyer replied 10 months ago

No. I don't.

Talk to a local professional accountant, or follow up leads from family and friends.

If you're totally flummoxed, go to the provincial law society website for their lawyer referral service but that that's a last resort.

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Business Lawyer: ulysses101, Lawyer replied 10 months ago

Are you making any progress?

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Customer reply replied 10 months ago
Hi,
Honestly, not too much, but a bit ;) I spoke to a lawyer via a referral service from my city. He gave me some pointers, but nothing really new.I got a referral to a lawyer which charges $400 per hour and refused to give us info because of a conflict of interest! ;)So, a little bit of progress ;)
Business Lawyer: ulysses101, Lawyer replied 10 months ago

ok, have you given any thought to your site membership, what you've paid, and whether you will keep it?

I'm not on the site's sales team or anything. Just that if you signed up to get help solely with this issue then you may not want the membership. But I leave that up to you.

Anything else to discuss?

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Customer reply replied 10 months ago
I will cancel it. I think they will provide a refund. I sent a request yesterday.
Business Lawyer: ulysses101, Lawyer replied 10 months ago

I won't pester you for a rating, then.

Goodbye and good luck.

Ulysses

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