LEGAL KEYS

PAGE 36 &37
UNIT 2 WORKING IN A LAW FIRM
COMPREHENSION 1:
1. Law Firms are partnerships in which usually all of the partners are lawyers.
2. Sometimes a senior partner, often known as the managing partner.
3. A junior lawyers or student lawyer usually works under the guidance of a senior lawyer.
4. When articling/ articled students are called to the Bar they become lawyers.
5. Lawyers in Canada are both Barrister and Solicitors, which means that they may or may not do
court work.
6. The only way that law firms receive money is by billing clients.
SENTENCE PRACTICE:
1. The function of a law firm is to provide legal advice to clients.
2. Lawyers, and some legal support personnel, are required to keep track of the time they spend
working for each client.
3. Law firms use computerized dockets or time sheets to keep track of the number of hours worked
on a particular client file.
4. When a client seeks legal advice, a lawyer is required to advise the client of the approximate cost
of the services being offered.
5. A Retailer Agreement is a written agreement between the law firm and the client that stipulates
the work to be done, the cost of the service, and the amount of the retainer fee to be given to the
law firm.
6. A retainer fee is an up-front deposit against charges for work the law firm will do.
7. One of the purposes of a retainer fee is to ensure that the client is serious about hiring the law
firm to represent him or her.
8. Lawyers’ charges are known as “fees”.
9. Law firms also charge clients for disbursements: sums of money that the law firm pays out or
incurs on behalf of the client.
10. Some examples of disbursements are long distance telephone calls, fax charges, courier charges,
and court filing fees.
11. Law firms usually maintain two types of accounts:
General/firm accounts and trust accounts.
12. Trust accounts are used to hold clients’ money; therefore, a lawyer must not use this money for
her or his own use.

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PAGE 38- 41
2 MINUTE TIMINGS
Read the following passages carefully. Set your speed and accuracy goals, and then take a
two-minute timing on each.
TIMING 1
Because law firms have only one source of income – clients- they must provide fast, efficient, quality
service to remain in business. For this reason, law firms are very careful about the personnel they
hire.
Law firms look for candidates who are mature in attitude, polite, well groomed, punctual, poised,
tactful, discreet, dependable, and organized. In addition, a candidate must have a pleasant disposition,
be able to produce work quickly, and accurately, and have the ability to follow instructions precisely.
All legal office/administrative assistants and legal assistants/ paralegals/ law clerks must be familiar
with a wide range of computer software and hardware. They must know the quickest and easiest
method to produce top-quality legal documentation.
A sound knowledge of legal office procedures as well as a general background knowledge of law is
essential in these positions.
TIMING 2
The role of a paralegal/legal assistant/law clerk is some- what difficult to define, because the job title
means different things in different law firms and in different provinces. For example, in some law
firm’s paralegals are senior legal administrative assistants. In other firms, they are lawyers who
qualified in another province and are applying for admission to the bar in the province in which they
are working. In certain provinces, independent paralegal service companies are permitted and have
been established.
There is a considerable difference in the work that these people with the same title might be doing.
While some provinces have specialized courses for law clerks, paralegals, and legal assistants, others
do not. The work of personnel with these job titles can include performing senior legal administrative
functions, assisting lawyers in preparing for trial, attending with the lawyer in the courtroom, inter-
viewing witnesses, drafting legal documentation, maintain-in contact with clients, conducting legal
research, etc.
Law Societies across Canada are gradually regulating and allowing paralegals to provide many legal
services traditionally handled by lawyers. In some provinces, Law societies allow properly trained
paralegals to give legal advice under the supervision of a lawyer.
TIMING 3
Law firms, especially large ones, offer services in a variety of areas such as aviation, banking,
bankruptcy, engineering, entertainment, insurance, immigration, shipping, land claims, real estate,
taxation, wills and estates, securities, personal injury, medical malpractice, criminal law, family
matters (divorce, separation, child custody/ access/ support, adoption), corporate law, trademarks,
patents, copyright, workers compensation, international law, administrative law, constitutional law,
etc.

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Clients who need legal advice but cannot afford it may apply for legal aid from their province via
such agencies as Legal Aid Ontario, Legal Aid Manitoba, and Nova Scotia Legal Aid Commission.
Obviously, all legal aid applications are reviewed carefully to ensure that the client is really in need of
money (i.e., no income or on social assistance) and legal advice. Legal aid covers certain legal
problems such as criminal cases where, if the person is convicted, they will go to jail, lose their way
of earning a living, or face deportation. It also provides duty counsel lawyers to assist unrepresented
people in court.
Clients who don't qualify for legal aid have to pay their own legal fees. While traditionally law firms
have billed at fixed hourly rates, many charges flat fees for standard jobs, but offer volume discounts
and other creative billing methods such as blended rates.
TIMING 4
Many law firms, both large and small, are highly automated: they have to be in order to keep up with
the exceptionally high volume of paperwork. Despite many laws firms merging client information in
databases with saved precedents, very few legal documents are keyed just once. The majority of
documentation is drafted and amended several times before it leaves the law firm. Word processing is,
therefore, one of the main types of software used in most law firms.
In addition to word processing, many law firms use some form of computerized accounting system so
that lawyers' time and disbursements may be calculated and posted to clients' accounts and bills
generated quickly and accurately.
Because law firms must organize large numbers of documents for trials (often comprising thousands
of pages), they use document-management software for litigation support. This relational database
software codes and classifies scanned documents. It generates links between words, phrases,
concepts, and/or issues so that the litigation lawyer can organize and condense documents to present
to a judge.

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PAGE 42-47
PARAGRAPH PRACTICE
PARAGRAPH 1
Even though numerous legal precedents are stored on law firm computer systems, many standard
legal forms are also available on-line. For example, court documents are on many provincial Ministry
of Attorney General or Ministry of Justice websites. Once on the correct Ministry website, you select
the appropriate court (Criminal, Civil, Family and Divorce, Probate, Small Claims, etc.). Then you
select the court document you want to prepare, and a template is displayed together with instructions
for completion.
Some sections of these on-line forms have pull-down menus for such information as the name of the
court registry. As you can imagine, these "fill-in-the-blank" forms can save you considerable keying
time; however, whether you prepare your documents from your law firm's precedents or on-line, it is
essential that the documents are 100% accurate. It is also essential that you retain copies for your
client file.
Another consideration is that large blank spaces on a document should be filled with a Z-ruling (see
p.199), using a black ballpoint pen and a ruler or the line- drawing feature of your word processing
software. Some lawyers prefer to have the person signing the document initial beside the last word
preceding any blank space to avoid Z-ruling.
PARAGRAPH 2
Legal instruments comprise three parts:
1. The heading
2. The body
3. The ending.
The heading of a legal instrument normally specifies the date of the document, the parties to the
document, and the name of the document. In the following Agreement heading precedent, you will
notice the precise date in November is left blank. This will be completed when the document is
signed.
Following the date are the names of the parties - in this precedent the Agreement is between two
women, one named Reimer and the other, Jansen, and a man named Nyberg.
Note the capitalization and spacing in the headings illustrated on the following pages and copy them
carefully.
Most law firms have the convention of capitalizing, bolding, and underscoring the document name.
THIS AGREEMENT made the day of November 20--,

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BETWEEN:
KAITLIN JESSICA REIMER, Engineer, and JOHANNA MARLA JANSEN, Plumber, both of 280
1902 Chelsea Lake Road, in the City of Halifax, in the Province of Nova Scotia B3S 1C5
(Hereinafter called "Reimer" and "Jansen"),
OF THE FIRST PART.
AND:
LINTON MORGAN NYBERG, Corrections Officer, of 1980 Robie Street, in the City of Halifax, in
the Province of Nova Scotia B3H 3G5
(Hereinafter called "Nyberg"),
OF THE SECOND PART.
CONFIDENTIAL DISCLOSURE AGREEMENT
PARAGRAPH 3
When a party to a legal instrument is a company, the heading is a little different. The following is an
example of the heading of an Agreement between a married couple named Kaczynski and Plaza 5
Development Co. Ltd. Note particularly that Plaza 5's address is the registered office of the company,
and that its incorporation number and date are given. You will find information relating to a
company's registered office and incorporation number in the company's records book.
THIS AGREEMENT made the day of November 20--,
BETWEEN:
STEFAN RUFUS KACZYNSKI, Tailor, and MEGAN NICOLA KACZYNSKI, Biochemist, both of
1395 Ellice Avenue, Suite 360, in the City of Winnipeg, in the Province of Manitoba R3G 3P2
(Hereinafter called "the Kaczynski’s"),
OF THE FIRST PART.
AND
PLAZA 5 DEVELOPMENT CO. LTD., a company incorporated pursuant to the laws of the Province
of Manitoba, having its registered office at 310 Notre Dame Avenue, in the City of Winnipeg, in the
Province of Manitoba R2B 1P4 (Incorporation No. 781,943 – March 27, 2006),
(Hereinafter called "Plaza 5"),
OF THE SECOND PART.
AIR RIGHTS AGREEMENT
The lawyer handling the matter may refer to the Kaczynski’s as "the Party of the First Part" and Plaza
5 as "the Party of the Second Part."
If there are more parties to the Agreement, they are referred to as "the Party of the Third Part, "the
Party of the Fourth Part," etc.

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PARAGRAPH 4
The majority of Agreements and Contracts have an intro statement called a recital or preamble. The
term WHEREAS (meaning "considering that") is often the first word of a recital. The following is an
example:
WHEREAS there is an Agreement between Riyad, and Perpetua dated the 9th day of March 20--.
AND WHEREAS there is an existing...
The recital and the following paragraphs (commonly called "clauses," "operative clauses," or
"provisions"; i.e., the nuts and bolts of the agreement) in the body of a legal instrument or court
document may be keyed either in a block style (starting at the left margin) or an indented style
(starting ten spaces [1", 2.5 cm] from the left margin). Sometimes a lawyer will request that the first
word or words of a clause be keyed in UPPERCASE or boldface for emphasis.
Usually, clauses are double-spaced with triple-spacing between paragraphs, but 1.5-spaced and
single-spaced clauses are quite common. To speed the process of triple-spacing between paragraphs
when using word processing software, set the paragraph format "after" spacing or prepare a macro
(stored keystrokes) to affect the equivalent of triple-spacing.
PARAGRAPH 5
The clause that follows the last clause in the body of a legal instrument is called the testimonium
clause. In the following example, the clause beginning with the words "IN WITNESS WHEREOF" is
the testimonium clause. The section where the witness places his or her name, address, and
occupation is called the attestation clause. Note: Remember to set tabs for the parentheses and
signature lines/names.
IN WITNESS WHEREOF the parties hereto have hereunto their hands and seals the day and date first
above written.
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:
Name
SAMANTHA KIM NYOKA
Address
Occupation
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:

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Name
MELANIA DEE NYOKA
Address
Occupation

PARAGRAPH 6
Court documents have various endings; however, an Affidavit (which is a sworn or affirmed
statement filed in court) has a special ending called a "jurat." On the following page is an example of
a jurat.
SWORN (or AFFIRMED) BEFORE
ME at the City of Edmonton, in the
Province of Alberta, this day of September, 20...,
DEVPREET SIDHU
A Commissioner for Oaths in and for the Province of Alberta.

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PAGE 48 – 52
Most law firms generate vast amounts of paperwork both in the form of correspondence and
documentation. For this reason, many law firms spend considerable sums of money buying state-of-
the-art equipment to increase productivity.
All correspondence and documentation are a reflection of the quality of the firm. If a letter sent to a
client contains errors, the client may wonder how competent the law firm will be in representing him
or her. If documentation is prepared incorrectly, it may be rejected by a court registry (court
documents) or land title office (conveyancing documents). This could result in significant financial
losses to the law firm, as well as the loss of a client.
Legal correspondence is very much like any other office correspondence, except that the wording
may be in legalese. You may discover outdated forms of address on some older correspondence in
your law firm. For example, years ago, some lawyers addressed letters to other partnerships (law
firms, accounting firms, etc.) using the formal "Messrs., (plural of "Mr. "). The inside address was, for
example, Messrs. Patterson, Lovejoy & Co. The modern form of this inside address would be
Patterson, Lovejoy LLP. "Mesdames" was used in the same way as "Messrs." but referred to a
partnership consisting entirely of women. As many law firms have male and female partners, the term
"Messrs." is rarely used; however, when writing to a partnership and using an attention line, you may
see the salutation: Dear Sirs/Mesdames
TIMING 2
Another traditional style seen in inside addresses is the use of "Esq." and "Q.C." The term "Esq."
means "Esquire" and is a term of respect that is placed after a man's last name instead of placing
"Mr." before the name. You may see the use of "Esq." in many old legal journals and law reports.
"Q.C." (Queen's Counsel) is an honorary title. Many jurisdictions have stopped conferring, or have
modified, this title, e.g., Manitoba lawyers with exemplary service now receive the designation "S.C."
(Senior Counsel). When writing - in the traditional manner - to a male lawyer who is an S.C., the
inside address would read: P. S. Lovejoy, Esq., S.C. Using the modern style, it would read: Mr. P. S.
Lovejoy, S.C.
Four other variances in legal correspondence relate to format, special notations, subject lines, and
complimentary closings.
Letter Formats: Most law firms use full-block letters (all elements begin at the left margin) because
they are quicker to prepare. More traditional law offices, however, prefer to use an indented
paragraph style. The paragraph indentations may be five [1.25 cm, #"] or ten spaces [2.5 cm, 1"].
Ten spaces are the more traditional format.
Special Notations: Because of the confidential nature of legal work, many letters and envelopes will
be marked PRIVATE AND CONFIDENTIAL or CONFIDENTIAL. Another special notation is
WITHOUT PREJUDICE. This notation appears only on the letter, not on the envelope. The
WITHOUT PREJUDICE notation means that the contents of the letter cannot be used as evidence in
court. Opinion letters (a lawyer's opinion regarding, for example, a court case), offers of settlement,
etc., are examples of correspondence that may have the WITHOUT PREJUDICE notation on them.
Subject Lines: Law firms make extensive use of Subject lines. It is quite usual to have a three- or
four-line subject line containing client names, topic, file numbers, etc.

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Complimentary Closings: The complimentary closings of most law firm correspondence are similar
to those used in other offices. The name of the law firm is usually keyed in capital letters, a double
space below the closing. This is followed by "Per:" and the lawyer's name (see page xvi)
TIMING 3
Legal documents fall into two categories: (I) legal instruments; and (in) court documents. Legal
instruments are documents used for other than court purposes, so they are not usually filed in a court
registry.
Examples of common legal instruments are Wills, Powers of Attorney, Statutory Declarations,
Notarial certificates, and Agreements. Court documents, as the name implies, are used for court
purposes, and are filed in a court registry. Examples of court documents are Writs, Petitions,
Affidavits, and Orders. Whenever you refer to a specific legal document, whether it is a legal
instrument or a court document, most law firms will ask you to use an initial capital letter.
While the headings on the first page of a legal instrument or a court document vary, the basic format
does not. Usually, the top margin of the first page of a court document is 2.5 cm (1 inch) and 4 cm (1
1/2 inches) to 5 cm (2 inches) for a legal instrument. The left margin is 4 cm, and the right and bottom
margins are 2.5 cm. A variance to this is with Wills, some of which are top bound. Usually, the first
page of a Will has a 5 cm top margin.
The second page of a court document or legal instrument has 2.5 cm top and bottom margins and,
again, a 4 cm left margin. Wills usually have a 4 cm top margin on the second and successive pages.
Most legal documents have page numbers at the top of the second and succeeding pages; however,
Wills are generally numbered at the bottom of the page. A special feature of legal documents is that
the last page is not numbered. In addition, some legal documents have backing sheets to identify who
the lawyer and law firm) prepared the document.
COMPREHENSION 3
Read the following sentences carefully. Key each sentence once, correcting all errors in fact,
terminology, spelling, grammar, and punctuation. Use your dictionary and office handbook.
1. Legal instruments and court documents has a 4 cm to 5 top margins, a 4 cm left margin, and 2.5 cm
bottom and right margins.
2. WINIPEG CLOTHING CO. LID. is a company incorporating pursuant to the laws of the Province
of Saskatchewan?
3. The clause that follows the last clause in the body of a legal instrument is called the "testimonium
clause."
4. STUDIO 8 CLOTHING CO. LID. is the party of the first part.
5. The clauses "in the body of a legal instrument maybe keyed either in a full-block or indented style.
6. Clauses are usually keyed in the single-spacing with double-spacing between paragraphs.
7. Large blank spaces must be filled with an X-ruling using a red ballpoint pen and a ruler or the line-
drawing feature of your word processing software
8. when a witness places his or her name, address, and occupation is called the "attestation clause."

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9.The legal instrument was signed, sealed, and deliver in presence of ADRIENNE LORETTE
DUPLESSIS.
10. She is a Commission for taking Affidavits
11. When addressing correspondence to a Q.C. (Queens' Council) or S.C. (Senor Council) put the
designation in brackets after the name.
12. The special notation WITH PREJUDICE should appear on both the letter and the envelope.

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PAGE 70-76
EXERCISE 5
You are working in the Legal Support Services department (LSS) of the law firm of Gandhi Wentzel
LLP. Ms. Anita Quinn is your supervisor.
She has asked you to prepare the following for a legal support staff seminar. She also tells you that a
temp prepared this draft but that it contains some errors that you will need to correct.
Set yourself a production time limit and then prepare the material quickly and accurately.
PREPARING AN AFFIDAVIT
What is an Affidavit?
 A formally, legal, written document
 Person making Affidavit called the deponent MYP
 Made under oath (swearing to God the information is true) or affirmation (telling everyone
the information is true) - not both
 Contains important true facts, not opinions, that the deponent wants the judge or master to
know about
 Because an Affidavit is sworn or affirmed to be true, it has the same farce and effect as if the
facts (evidence) were being given under oath in a court
Affidavit Sections
1. Style of proceeding
2. Deponent's statement
3. Knowledge statement
4. Body
5. Jurat
6. Exhibits
7. Backing Sheet
1. Style of Preceding
 Purpose: Enables court staff to put documentation into correct court file
 Information: Who is suing whom; court file number; court registry; name off document
 Format: Varies from province to province (check your precedents)
 Consistency: Must stay unchanged throughout the life of case unless judge orders otherwise
 Multiple Affidavits: For case of identification put Affidavit member/identification at top
right-handed of first page

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This is the 4th Affidavit or

PABLO CARLOS RODRIGUES
in this case and was made on
12/NOV/20_

NO. F-487659
PRINCE GEORGE REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN
JODI ANGELINA RODRIGUES

PETITIONER

AND
PABLO CARLO RODRIGUES

RESPONDENT

AFFIDAVITS

2. Deponent’s Statement:
 Opening Paragraph: Identifies the deponent – full legal name (capitalized; bolding
optional), occupation (with or without initial capital), address, and whether sweating or
affirming

1. PABLO CARLOS RODRIGUES, waste management technician, of 4563 Cambie Street,

Vancouver, British Columbia V5M 4H9, MAKE OATH AND SAY THAT:
Or

1. PABLO CARLOS RODRIGUES, Waist Management technician, of 4563 Cambie Street,

Vancouver, British Columbia V5M 4H9, AFFIRM AND SAY THAT:
Or

1. ERIC CATRANO, barrister and solicitor, of 2400 – 1055 West Georgia Street Vancouver, British
Columbia V6E 3R3, MAKE OATH AND SAY:

3. Knowledge Statement
 1st Numbered Paragraph: Identifies deponent’s role (plaintiff, petitioner, respondent,
claimant, solicitor for the plaintiff, etc.); states that deponent has person knowledge of the
information and facts in the affidavit (if not, say no)
 When asking judge for temporary Order (interlocutory application), can make Affidavit
based on information and believe

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1. I am the respondent in this matter and have personal knowledge of the matters herein
referred to.

Or

1. I am solicitor for the respondent on this matter and have personal knowledge of the matters
herein referred to.

Or

1. I am the respondent in this matter and have personal knowledge of the matters herein
Referred to by me accept where indicated to be on information and behalf, and where so stated
I verify believe them to be true.

4. Body:
 SOS = Simple, organized, short
 Use headings if this will help
 Number each paragraph starting with Knowledge statement
 Number each page
 Ensure all statements are consistent with other Affidavits the deponent has sworn as well
as within specific Affidavit
 Ensure with no emotions are expressed in Affidavit (how deponent felt or reacted is a
know-know and the court is not interested); avoid use of “always” and “never”
 Caution: If there are typing and grammatical errors the judge will thinks that the deponent
has not read the Affidavit before signing it
5. Jurat:
 Set tabs for parentheses and signature lion
 Select appropriate wording – SWORN BEFORE ME or AFFIRMED BEFORE ME
 Check date style precedent (12/NOV/20—or the 12th day of November 20--)
 Affidavit must be sworn/affirmed in front of a Commissioner for Taking Affidavits or
lawyer (i.e., notarized)
 Commissioner or lawyer must see deponent sign; if your lawyer is deponent, have another
lawyer sign as commissioner
 Name stamp must go under jurat

SWORN BEFORE ME at the city of

Vancouver, in the province of British
Columbia On 12/NOV/20—

PABLO CARLOS RODRIQUES

A Commissioner for Talking Affidavits
In the province of British Columbia

[Print name or affix stamp of

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Commission]

6. Exhibit:
What it is: Document (receipt, speeding ticket, letter, bank statement, doctor's note/report etc.); or
image (photograph, drawing, etc.) attached to and forming part of Affidavit - anything that can be
shown on paper can be an exhibit
 Exhibits are hearsay
 Purpose: To support facts described in Affidavit
 Reference: Exhibits must be referenced (in sequence) in Affidavit - "A", "B", "C", etc.
 Exhibit Stamp: Must be put on the first page of each exhibit - must not cover document
wording; remember to complete exhibit stamp
 Page Numbering: Consecutive, starting at 1, irrespective of number on exhibits attached e.g.,
4 exhibits with 4, 2, 3, 4 pages would be numbered 1 through 13

4. Attached hereto and marked Exhibit "A" is a letter from Dr. Marjorie Tunstall dated January 9,
20-- which I received via e-mail on that date.
5. Attached hereto and marked Exhibit "B" is a report from Dr. Marjorie Tunstall dated March 28,
20-- which I received via courier on March 29, 20--.
6. Attached hereto and marked Exhibit "C" is a photograph of my injured leg taken by
Constable Celia Leung at my residence at approximately 8.00 p.m. on April 4, 20--.

This is Exhibit " " refer to in the

Affidavit of
sworn (affirmed) before me at
, this
day of ,20--

A Commissioner for Taking Affidavits

in the Province of British Columbia

7. Backing Sleet
 Three sections: Style of proceeding; name of document between horizontal lines; lawyer/law firm
contact information – Use precedent
 Attach to back of document – facing outwards
EXERCISE 6
Today is November 14. You are working for Alejandro Martinez in the Charlottetown office of the law
firm of Gandhi Wentzell LLP. Right now, Mr. Martinez is in a meeting with a client, Mr. Dider Baraka
Nkaisserry. Mr. Martinez calls you into his office and hands you the clients Birth Certificate and asks you
to prepare a Notarial Certificate.
You locate the following precedent in the Gandhi Wentzell precedents that you think will work.
You make a note of the details on the Birth Certificate: It is dated May 23, 1994, and is numbered AF-15-
94643. Set yourself a production time limit and then prepare the document quickly and accurately.

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NOTARIAL CERTIFICATE
CANADA
PROVINCE OF ONTARIO
TO ALL WHOM THESE PRESENTS MAY COME, BE SEEN, OR KNOWN
I, Mr. Martinez, a notary public in and for the province of Ontario by royal authority duly appointed,
residing at the city of Charlottetown, DO HEREBY CERTIFY AND ATTEST that the paper- writing
hereto annexed is a true copy of the document produced and shown to me and purporting to be:
The Birth certificate of Mr. Dider Braka Nkaisserry Numbered AF-15-94643 and dated May 23.1994
the said copy of the above document having been compared by me with the said original document an act
whereof being requested; I have granted under my notarial form and seal of office to serve and avail as
occasion shall or may require.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my notarial seal of
office at the city of Charlottetown on November 14. 202.
{Affix notarial seal}
{Mr. Martinez}
A Notary Public in and for the
Province of Ontario

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PAGE 53- 58
MINUTE TIMINGS
Read the following passages carefully. Set your speed and accuracy goals, and then take either a five- or
ten-minute timing on each.
TIMING 1
In all legal work, you must be very careful in keying names. The spelling must be correct, and you must
never change the name in any way. Many people new to the legal field fall into the trap of changing the
names of companies. For example, if a company is registered (with a provincial corporate registry) as
"Parnell Enterprises Co. Ltd.," that is the way you must key the name. If you were to key the name as
"Parnell Enterprises Company Limited, "this would be incorrect. You must, therefore, be alert and never
jump to conclusions as far as names are concerned.
The way in which names of individuals and companies are keyed in legal correspondence and legal
documentation varies. When keying the name of an individual or company in a legal letter, it is usual to
use initial capital letters; for example, Sulamith Weygang. If you were keying this name in a legal
document, you would normally key the entire name in capital letters e.g., SULAMITH WEYGANG.
Capitalization of titles is also commonplace in the legal field. For example, titles such as "Plaintiff,"
"Defendant, " "Appellant, " "Respondent, " and "Petitioner" often have initial capitals. When occupations
are specified in legal instruments and court documents, they also often have initial capitals, e.g.,
SULAMITH WEYGANG, Architect.
Names of legal documents are often capitalized; for example, Will, Statutory Declaration, Power of
Attorney, Representation Agreement, Notice of Civil Claim, Promissory Note, Affidavit, and Order.
Another area in which capitalization differs is in the expression of sums of money. When keying legal
correspondence it is usual to specify sums of money in figures alone; for example, $10,999.00. The
exception is in settlement letters where sums of money are often expressed in words and figures. Note
that, in legal documents and correspondence, sums of money are specified with commas between the
hundreds and thousands. You must not key "$10 999.00." When sums of money are keyed in legal
documents, they are spelled out in full in capital letters and expressed in figures, or example, ... TEN
THOUSAND, NINE HUNDRED AND NINETY-NINE ($10, 999.00) DOLLARS.
Percentages are expressed in a similar manner to sums of money. In legal correspondence, percentages are
usually keyed in figures alone; for example, 15%. In legal documentation, percentages are spelled out in
full in capital letters and expressed in figures; for example, FIFTEEN (15%) PERCENT.
Can you apply this knowledge? In a legal letter you would key: "Sulamith Weygang promises to pay $10,
999.00 with interest at 15% per annum." In legal documentation, you would key: "SULAMITH
WEYGANG promises to pay TEN THOUSAND, NINE HUNDRED AND NINETY-NINE ($10, 999.00)
DOLLARS with interest at FIFTEEN (15) PERCENT per annum."
TIMING 2
Legal documents tall into two main categories: (1) legal instruments; and (2) court documents. Legal
instruments are generally not used for court purposes whereas court documents are. This means that a
court document is usually filed in a court registry whereas a legal instrument is not. If you are working in
civil or

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criminal litigation, including family law, you will be involved in preparing court documents. Some
documents in wills and estates law are also court documents. However, if your lawyer is not involved in
court work, you will be keying primarily legal instruments.
Examples of common legal instruments are Agreements, Statutory Declarations, Notarial Certificates,
Powers of Attorney, and Releases.
Agreements, or Contracts, are documents that set out the terms of an agreement between two or more
parties. The parties may be either individual, companies, financial institutions, etc. The names, addresses,
and occupations of the parties are set out in the heading of the Agreement. If the party is a corporation the
address of the registered office of the corporation, together with the incorporation number and date of
incorporation, are specified. You will find this information in the corporation's records book.
The body of the Agreement or Contract sets out the terms that have been agreed to by the parties. The end
of the document is signed by all parties and their signatures are witnessed.
Examples of popular types of Agreements or Contracts are Retainer Agreements (that set out the work to
be performed by the law firm, the fees, and the amount of the retainer fee - client's up-front deposit).
Licensing Agreements (that stipulate the rules and regulations under which companies issue products to
their customers); Employment Contracts (that outline the terms of employment between an employer and
an employee); Pre-Nuptial Agreements (that establish the ownership of property prior to a marriage); and
Separation Agreements (that outline the terms and conditions of a separation between a husband and a
wife or between partners).
While these Agreements are generally not filed in a court registry, a Pre-Nuptial Agreement is normally
filed in a land title office if the Agreement contains provisions relating to real property (land/real estate).
A Separation Agreement may be filed in a provincial Family Court if the parties so request.
Statutory Declarations are statements of fact that are required for certain government agencies, including
land title offices. They are not usually used for court purposes. A person signing a Statutory Declaration is
called a "declarant.
A Notarial Certificate is a document that authenticates another document. For example, if a client required
a notarial copy of her Birth Certificate, she would take the original Birth Certificate to her lawyer, who
would examine it and then prepare and sign a Notarial Certificate (with a photocopy of the Birth
Certificate attached). The Notarial Certificate would state that the attached copy of the Birth Certificate is
to the lawyer a true copy of the original Birth Certificate presented.
A Power of Attorney (whether Non-Enduring or Enduring) is a document in which someone give another
person (called the "attorney" - not to be confused with the term "lawyer") authority to act on his or her
behalf. A Representation Agreement is a document in which someone gives another person (called the
"personal representative" or the "delegate") authority to handle financial, legal, personal care, and health
care decisions. Both documents are common between family members, especially when an elderly
member of the family wants a younger one to handle her or his banking affairs or to act on her or his
behalf in the event of a debilitating illness.
Releases are documents that release one party from making further claims from another party. For
example, if your aunt died and under the terms of her Will left you some gold coins, when the executor of
the estate had given you the gold coins, he or she would ask you to sign a Release so that you could not
later come back and say that you never received the gift.

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TIMING 3
Examples of court documents are Notices of Civil claims, Counterclaims, Petitions, Notices of
Application, Affidavits, Orders, Statements of Claim, Subpoenas, etc.
The documents required for any given court case will vary with the proceedings initiated. One thing is
common to all court documents: they must be filed in a court registry in person or electronically (in pdf or
similar format).
While the formats of court documents vary slightly from province to province, most court documents
have a similar heading called a style of proceeding or cause of action. The style of proceeding consists of
the action number (court file number), the name of the court registry in which the document will be filed,
the name of the court in which the document will be presented, and the name of the parties and their titles.
The parties' titles are usually "plaintiff" and "defendant" or "petitioner" and "respondent." If the court
document is to be filed in an appeal court, then the titles of the parties will be "appellant" and
"respondent."
The name of the document follows the style of proceeding. It is usually keyed in full capital letters at the
centre of the page. It may also be bolded and/or underlined. The body of the document is then keyed
double spaced, with triple-spacing between paragraphs.
The ending of a court document depends on the type 2 of document being prepared; however, most court
documents are signed by the solicitor for the plaintiff, dependent, petitioner, or respondent. Court Orders,
the documents that outline what a judge has ordered, are signed by the court. The legal term for signing is
executing.
As with legal instruments, some court documents require backing sheets in some jurisdictions. While the
format of a backing sheet varies, the information includes action number; court registry name; court
name; party names and titles (shown in the style of proceeding); document name; telephone and fax
numbers, and e-mail address of the lawyer/ law firm filing the document; initials of the lawyer; and client
file number. In Ontario, the lawyer's law society registration number is placed after the e-mall address. If
all this information is on the front of the document, then a backing sheet may not be required.
Originally backing sheets were prepared in landscape mode, with the information keyed in the centre
third of the letter-sized backing sheet so that the document could be folded in three and the backing sheet
information displayed. If legal-sized paper was used, the backing sheet information was keyed in the
second quarter from the left and the document folded to display the backing sheet information on one
quarter. Now that most court documents and legal instruments are prepared on computers, it is often
quicker and easier to produce backing sheets with the information keyed down the page in portrait mode
(rather than in landscape mode); however, this means that the backing sheet cannot be folded in an
attractive manner. It may be only a matter of time before backing sheets become obsolete across Canada.
When a court document is filed in court registry, several copes of the document must be presented and
any applicable court filing fees paid. The original document is stamped with a court stamp and the date of
registration and kept in the court files. Copies of the document are stamped and returned to the person
filing the document. As more court registries adopt e-filing, new procedures are constantly being
developed.

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