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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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May I have Legal Ease again if possible, please. I co-own a

Customer Question

May I have Legal Ease again if possible, please.
I co-own a home with a friend in Windsor Ontario. We are joint owners. I do not live there. She lives there only part-time. Finally she has agreed to buy me out.
She has a lawyer who is doing the transfer. The lawyer keeps asking me which lawyer will "act" on my behalf. I have asked Legal Ease a similar question before and the response from Legal Ease was that her lawyer could conduct the whole affair, but would have to be warned about a "conflict of interest", (then would proceed with caution). I did send a note following Legal Ease's guidance.
However, now that we are near the closing date, she wrote yesterday:
"Hi Elizabeth, I believe I had set out to you earlier that under the rules of the Law Society, I cannot act for both of you. Each Transfer requires 2 separate lawyers to act. Please advise who will be acting for you on the transfer. Pam"
My question is: Do I have to have a lawyer? She is already doing the transfer. Why can't I just act for myself and sign where she indicates? I do not wish for an additional expense for a lawyer if I do not have to.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

She cannot act for you. That is clear.

But you have a right to self-represent.

However, she is saying you need your own lawyer and that is because your own lawyer knows the law and represents your interests.

But you are not required to retain your own lawyer.

Customer: replied 10 months ago.
Hello: Do I simply write that I'd like to self represent? And if so, does she simply draw up all of the papers and I go and sign everything? It's a simple transfer. She may not be "acting" on my behalf, however she still has to act within the law, which is to my benefit. Is it unusual to represent myself?Elizabeth
Expert:  Debra replied 10 months ago.

You can say that you do not have the luxury of being able to afford a lawyer and you recognize fully that she is not acting on your behalf but that she is only acting for her client and that you will be self representing.

Yes it is unusual to represent yourself. You are not a lawyer and there are reason why lawyers are necessary for legal matters.

She will not act to your benefit if there is any conflict. She's only considering your friends best interests.

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?

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