“Law, like teaching, medicine and writing, is an art. You can’t boil it down to a set of rules. You have to understand people, listen, assess risk, and know when to push—and when not to—so you can get the best result for your client.”
Education: University of Western Ontario (Kings College), B.A., 1970; University of Windsor, LL.B., 1973
Called to the Bar: Ontario 1975
Memberships: Ontario Trial Lawyers Association (Past President and founding Director), St. Thomas More Lawyers’ Guild (Past President 1985), Canadian Bar Association, Hamilton Law Association (Past President 1991-1992; Bench and Bar Committee), Advocates’ Society (Director 2003-2006), Association of Trial Lawyers of America (Governor 2000-2006), Hamilton Lawyers’ Club, Hamilton Medical Legal Society, American Association of Justice, Hamilton Golf and Country Club (President 2014), Hamilton Club
Community Involvement: Law Society of Upper Canada Bencher (2011-), Ontario Brain Injury Association (Past Director 1999-2004), Theatre Aquarius (Director and Past-President, 1997-98), Hamilton-Wentworth Legal Aid Committee (Past Chair), Mohawk College Law Clerks Advisory Committee, Go Hamilton Task Force on Environmental Excellence
Jim Scarfone has a soft spot for the little guy.
A results-driven trial lawyer who has been practicing since 1975, Jim’s heart goes out to clients who have experienced personal tragedies due to catastrophic accidents, medical malpractice, dangerous products and negligent advice. Their stories and struggles are strong motivators for his busy practice. “When I wake up and work on a file, money is the last thing on my mind,” Jim says. “I practice law to do the right thing by my clients with honesty, fairness and integrity. If I get the results, the financial part will take care of itself.”
If he’s thinking about money, it’s probably how he can make sure his clients don’t spend too much. “We try to be reasonable in how we approach things,” Jim says. “We have a passion for results, but not at all costs.”
A trained mediator, Jim can minimize costs, reduce risk and get results more quickly for his clients by looking for resolution outside of the courtroom. “Mediation isn’t easier than going to court for the lawyer,” Jim clarifies. “but it’s generally faster and less stressful for my clients. I’ve gained useful insights into the bargaining and negotiation process that I can apply to all my files.”
Jim coaches the new lawyers at the firm, setting a strong example for doing right and giving back. “When you do business law it can be a little clinical,” he admits. “Having me around brings a little heart and compassion to all we do.” The end result of his positive role modelling is a firm that consistently delivers high calibre, caring, client-centred service. “Our clients don’t just like us—they love us,” Jim says. “They know we give them the straight goods. And they always get a little extra.”
As part of the personal injury group, James may charge for legal services on a percentage basis, and may enter into a contingency fee retainer agreement with clients. The maximum contingency fee is 30%
Jim successfully prosecuted a medical negligence case involving failure to provide informed consent for a ryzotomy procedure.
He successfully pursued a claim for damages due to negligence by a supplier of swimming pool parts and advice that resulted in the client suffering quadriplegia.
He negotiated a settlement for fatality damages for a family that had lost their child.
Jim was successful in securing chronic pain damages for a client with motor vehicle injuries.
