Peter Liston | Ottawa Estate Lawyer

• Member | Ontario Bar Association

• Winner | Pace Law Firm Award in Advanced Torts

I recently closed a case where the alleged common-law spouse of a deceased lady was claiming the entire estate for himself, potentially leaving her children with nothing. He had assaulted her and was in jail pending trial when she passed away. Our case was based on his not being eligible to claim common-law status because they were no longer in a 'conjugal relationship' when she died. The judge awarded the entirety of her estate to her children, to be held in trust until they reach the age of majority.

I provide advice that is carefully tailored to each case, with an economic analysis of whether the case should settle, be brought to trial, or perhaps not started in the first place. Finding solutions for my clients does not mean always pushing for litigation. In fact, I consider it a failure when we cannot resolve a case without resorting to the courts.

Clients should always feel that the lawyer is looking after their best interests and not their own financial incentives. Sometimes that means telling a client that their case is weak or perhaps not economically rationale. A lawyer needs to be able and willing to deliver blunt news to the client in the context of confidential meetings in our offices. Outside of the office, the lawyer then advocates fearlessly and as strongly as possible for the client. Sometimes a client will resent the blunt warnings and ask why we 'aren't on their side'. However, it is essential that a client understand their risks in proceeding via a court process.

I work a number of courthouses throughout eastern Ontario, including Cornwall, Pembroke, Perth, L'Orignal, and Renfew. Local practice directions are essential knowledge for a lawyer so that cases can move along efficiently and accurately.

I can provide a preliminary assessment of a case, and whether a lawyer's assistance is needed. For example, not all estates require probate, and that information can be assessed over the phone. When the case requires review of documents, then a followup in-person meeting can be scheduled. I d not charge for these assessments.

I require basic information, including names of the client(s) and the opposing parties. A 'conflict check' must be performed before any advice is given. I frequently ask potential clients to email me specific documents for review in advance of the telephone consult so that I can make the consult as productive as possible. Each case is unique, so a complete list of required information is not possible.

I have a background as a scientist, and law is a second career for me. Anticipating problems is a skill I developed while a scientist, and one that I use for the advantage of my clients. Law and science are both logic based endeavors, and I believe my background allows me to provide superior services to my clients.

There is nothing that beats the feeling of walking out of a courtroom with a solid 'win' for the clients. Applications and trials are stressful and rewarding, as we have a system that is based on a neutral judge deciding the contested issues based on the evidence. Identifying the key issue and preparing the evidence is critical. A huge amount of work goes into preparing for trial. A successful outcome for the client makes it all worthwhile.

I enjoy a variety of outdoor activities at the family cottage. I also do woodworking in my spare time.

I am involved with a number of charitable organizations and not-for-profits in an advisory role or as a member of the board of directors.