THE FIRM
Lenkinski, Carr & Richard LLP is a litigation boutique that specializes in all aspects of family law and estates litigation. We provide fair, compassionate and creative legal advice that challenges the boundaries of the current law. We consider and apply a variety of conflict resolution techniques, ranging from hard-fought litigation in court or arbitration to creative problem solving through negotiation or mediation.
We believe that ‘knowledge is power’ and strive to grow our clients’ understanding of how their circumstances and the law interconnect.
Esther Lenkinski
AREAS OF PRACTICE
Family Law
We have broad expertise in family law, including divorce, child and spousal support, custody and access, property division, cohabitation agreements, marriage contracts and separation agreements.
We frequently address complex trust and taxation matters, as well as conflicts of law and cross-jurisdictional issues.
The matters in which we are involved are substantial and legally significant, and our cases are often at the forefront of the law. We offer individualized, sophisticated service to each of our clients.
Estate Litigation
Estate Litigation
Surviving spouses have the right to either accept the entitlement pursuant to their deceased spouse’s will or an equalization payment. The same financial and legal issues that apply for separated spouses apply to widowed spouses and dependant children. We assist widowed spouses to make prudent financial decisions during this difficult time.
We also represent parties who were financially dependent on the deceased and have been left with insufficient support or none at all.
We prosecute claims against trustees who fail to comply with their fiduciary obligations, and defend trustees against claims alleging a breach of trust.
When appropriate we will challenge a will in cases of undue influence, the absence of testamentary capacity or an invalid will.
Power of Attorney
When a person's mental capacity to make his or her own decisions about money and personal care diminishes, friends or family members may step in to assist. “Assistance” can mean different things to different people. In some cases, “assistance” is abuse or misuse of the powers granted to the power of attorney. In nearly all of these cases, emotions are highly charged, dynamics are complex, and the stakes are incredibly high. We can help.
Alternative Dispute Resolution
Mediation
Mediation is a voluntary process, in which parties agree to have an impartial person (the mediator) help them reach a mutually agreed upon resolution. If mediation is unsuccessful, the parties can arbitrate their dispute.
Arbitration
Arbitration is a form of alternative dispute resolution, in which the parties agree to be bound by the decision of a third party (the arbitrator) who has reviewed the evidence. Our firm offers both mediation and arbitration services.
Our
Approach
The first consultation with us is your opportunity to explain your unique circumstances and goals. We will discuss your legal rights and the realistic options available to protect your interests. Then we will work with you to formulate a strategy and action plan to reach your goals.
We recognize the importance of cost-effective legal services tailored to the individual client. To that end, we are proud to offer our clients several billing options.
Fixed Fee Legal Services
We offer our clients some limited legal services for a fixed fee. Before starting any work on your file, we will review your case and prepare an itemized action plan that breaks down each service required and its price. This approach ensures that you will have an opportunity to strategize with us and maintain control over your legal costs.
Unbundled Legal Services
We are pleased to offer our clients the option of unbundled legal services for a number of discrete legal tasks. When our clients are interested in this option, we meet with them to discuss their case and determine the legal tasks for our involvement. We will prepare an itemized action plan specifying the extent of our involvement and the price associated with each step.
Full Service Hourly Billing
For those clients who feel more comfortable with traditional billing options, we still offer billing by the hour. We always ensure that all work is completed in the most efficient, cost-effective manner and that you are always aware of your bill. It is important to us that we understand your objectives and concerns and present you with your best course of action at each stage of your matter.