Criminal

I understand that being charged with a criminal offence is frightening, confusing, and turns your life upside down in an instant. The effects of a criminal accusation slowly show themselves over the course of days, weeks and months after being charged.

The same is true after being convicted of a criminal offence.

It’s extremely important that any criminal accusation be met with careful attention to detail, and that each piece of evidence or “disclosure” be scrutinized for its role in any allegations against you.

Following the lead of my mentor in criminal defence work, Jason Voss, I pay the utmost attention to every detail of a client’s case. From the information associated with the moment of your arrest, to our initial meeting, to representing you in a guilty plea or trial, I will ensure that no step is overlooked that may be of assistance on your path through the criminal courts.

I treat my clients with honesty, integrity and humanity, no matter the accusation or crime. I will not judge. I will do my best to understand you as a person and advocate for your rights as a person facing an overwhelming system.

Alternative Dispute Resolution Services

Since 2003 I have worked as both a Mediator and Negotiator for various groups and individual clients. In 2006 I became Certified by the University of Western University as a Professional In Alternative Dispute Resolution in both Mediation and Negotiation.

I have designed and taught courses at Western University through Community Legal Services in both Community Based Mediation as well as Interest-based Negotiation Skills and Techniques. Most recently, I have become a project associate with Community Law School Inc. (Sarnia-Lambton) Inc. where I instruct participants in the techniques of Interest-based negotiation.

I am happy to customize training packages in any area of Alternative Dispute Resolution, and I also offer favourable financial rates in exchange for the retention of my services either as a mediator or negotiator with respect to disputes or legal problems.

I have considerable experience in mediating:

•housing construction/renovation disputes,
•automobile purchase disputes,
•roperty issues,
•family issues with respect to the division of assets and custodial arrangements (clients must have access to independent legal advice),
•resolution of landlord and tenant disputes, and
•a variety of other disputes that would ordinarily be resolved through litigation.

Human Rights and Representation Before Tribunals

As my articling principal Margaret Capes reminds everyone who reads the bottom of her emails, “Everyone Counts, Everyone Matters”.

This statement has had a dramatic effect on the kind of law I practice, and perhaps more importantly the way I practice law. If you believe that you’ve been treated in a way that discriminates against some fundamental aspect of who you are as a person, you may have a legitimate human rights complaint. This may involve an educational facility, a place of business, an employer, or any kind of public or private organization.

If you contact me I will take the time to consider the information surrounding your matter, and offer my best assessment of its merits and weaknesses. I will suggest the various options for moving forward in an effort to address any discriminatory act.

Should you decide to pursue the lengthy process of a Human Rights complaint, I will advocate for you every step of the way.

If you are a professional who has been accused of misconduct or an act for which you are facing discipline, I would be pleased to discuss your matter. After gathering the required information, I will give you an honest assessment of what I believe to be the strengths and weaknesses of your case, as well as advice on your best options to proceed.

I also offer what is called “unbundled services” with respect to Human Rights complaints and representation before Boards or Tribunals. I can assist with small portions of your complaint or representation, and thereby reduce your legal fees.

I will also consider contingency fee arrangements on a case by case basis with respect to certain matters, as long as such an arrangement is permitted by the Law Society of Upper Canada.

Prison or Jail Law

I have been very lucky to have become friends with lawyer John L. Hill. Among many things that John has shared with me, two statements have stuck in my mind. The first is that “people are sent to jail as punishment, not for punishment.”

This fact is often overlooked in our society as we sometimes adopt a ‘lock ‘em up and throw away the key’ mentality.

What can be done to combat this attitude if you or a loved one is incarcerated?

The answer lies in the second important statement from John: “There are no such people as outlaws”. When a person is incarcerated he or she has a range of rights afforded under law, and these rights are owed to the person who is serving a custodial sentence.

If you or a loved one is incarcerated, I may be of assistance in determining parole rights and the potential for successful applications, rights owed to an inmate while in custody, as well as rights afforded to those supporting a person while in custody.

Services for Self-Represented Individuals in Small Claims Court

I am pleased to assist with almost any aspect of a case where you are trying to represent yourself. If you would like assistance in preparation for:

•being questioned as a witness,
•assembling your evidence,
•preparing to present evidence, or
•finding legal authority to support your case,

I can help.

This unbundled service can save you money and increase your chances of success by having a second set of eyes with some experience review your case.

Fee Structure

I offer free initial consultations for up to 1 hour.

I do not charge for brief telephone conversations, emails or facsimile’s that are sent on behalf of a client’s file.

The fee structure for my services is competitive within the City of London and surrounding area, and I will work with you to structure the provision of legal services in a manner that is affordable for you.

In certain circumstances, I will consider a reduction of fees, payment plans, and contingency fee arrangements for cases where it is permissible by the Law Society of Upper Canada.

I will not allow the customary fees associated with the provision of legal services to prevent my clients from accessing Justice.

About James Melnick

My Philosophy

I understand that people make choices that create conflict with the law.

I understand the steps that are required, both from within and without, to get your life back on track.

I bring this empathetic viewpoint to every aspect of my legal practice.

After completing a reasonable amount of education at the University of Western Ontario, in 2004 my own life choices saw me apprenticing as a carpenter in 2004. After working in the home renovation and construction industry for 3 years, I decided that I wanted to go back to school and learn the practice of law.

To this day I enjoy being part of the home renovation industry. In addition to helping people with their home renovation projects, I wanted to help people with their legal troubles. I wanted to do so in a way that remained firmly grounded in respect for people who are facing legal troubles.

Beginning in 2007 I began my legal studies at Western University. I participated in many mock trial and mock appeal competitions, and did quite well.

More importantly, I did a great deal of work with Community Legal Services (CLS) as well as the Dispute Resolution Centre (DRC), both at Western Law.

This work required long hours of dedication to assisting people who couldn’t otherwise have the kind of representation that was provided to them. Working with clients to resolve their problems cemented my desire to continue this kind of work as I worked towards gaining my law license.

My time spent at CLS and the DRC continues to inform my approach to resolving legal problems. I start with the client as the center of the legal issue. The facts, accusations, evaluation and evidence, and solutions evolve from there.

There is a vast difference between the client and the relevant legal issue. I strive to never let one overshadow the other.

I graduated from Western Law in 2010, and have since pursued the goal of representing clients in the most respectful and efficient way possible.

The true of achievement of my goal is the ability to assist you, the client, in achieving yours.

Consultation

Consultation

I offer up to 1 hour of free consultation on a potential client’s file. This service is offered as I’m able to take on new clients.

I purposefully limit the amount of clients that I can work with. This allows me to spend a maximum amount of time on a limited number of files.

I will be diligent in assessing your legal matter and provide you with a no-nonsense explanation of what I consider to be your options.

If you decide to retain my services, we will discuss and agree upon the scope of the services I will provide to you, the fee for the services, as well the method of payment for my legal work on your matter.

The Working File

Once you and I have decided to work together on your file, I will make best efforts to reach a solution for your legal issues that avoids a trial or hearing wherever possible. This will save you time and money, and provides us with flexibility along the path to a resolution.

Some cases, particularly criminal matters, cannot be resolved without a trial.

If we are unable to resolve your matter without resort to a trial or hearing, then together we will prepare for a trial or hearing.

I will advise you at each step as we prepare to present your case to a decision maker. I understand that this process is stressful and moves much slower than clients would like. I will keep you informed as your case moves forward through the court or tribunal system, and I will carefully review all information available as the process evolves so that you can make informed decisions throughout.

Court, Hearings and Appearances

I will steadfastly represent your matter in court or before a tribunal. My court or tribunal appearance will be supported by a very high level of preparation, thought, and consideration to your matter so that I will have the confidence and determination to represent your interests as effectively as possible.

Post File Follow-up

Many clients are left to deal with the aftermath of their legal issues without the benefit of legal assistance. After a resolution is reached on your behalf (whether by plea, finding of guilt, settlement, or any other conclusion to the matter) I am available for follow-up questions that may arise with respect to your duties, rights or obligations that follow from the conclusion of your file. In most cases, I do not charge for this service.

Contact Us

Your message was sent, thank you!