most of the facts are present facts, which are established or created by
carrying out processes. Take a transfer of land as an example. When a client
comes to their lawyer, typically nothing has happened beyond the fact that the
client has found a block of land which they want to purchase. To effect the
purchase, the lawyer has to help the client carry out the processes or steps
required by law. For example, they sign a contract, receive a transfer or
conveyance from the seller and then register it at the land titles office. By doing
this the lawyer and client create the facts which satisfy the elements of the law.
This is in contrast to litigation where the facts have all happened when the
client sees the lawyer and the lawyer's task is to help the client to prove those
facts.
 |
 |
 |