Blaw Flashcards
(30 cards)
Sophisticated client (7)
- Understands role of lawyer and client
- Knows when to represent self vs hire lawyer
- Knows how to hire a lawyer
- Understands costs of hiring a lawyer
- Knows what can be done when dissatisfied with a lawyer
- Can discuss legal aid
- Discuss professional code of conduct for lawyer
Client =
Lawyer =
Client = decision maker
Lawyer = expert
Lawyer ____ by client
Client provides lawyer with ___
Lawyer is hired by client
Client provides lawyer with instructions
Lawyer ___ to follow clients instructions
And client ___
Lawyer is bound to follow client instructions,
Client is free to ignore lawyers advice, although sometimes unwise
Solicitor - client privilege
Duty of lawyer to keep information provided by client confidential
____ of legal advice ___ in direct proportion to ____ provided to lawyer
VALUE of legal advice VARIES in DIRECT PROPORTION to COMPLETENESS of INFO provided to lawyer
When/ why to hire lawyer (8)
- Deciding the form of a business (LLP/partnership…)
- Buying existing business
- Understanding and complying with federal and provincial laws
- When determining physical location of bus ( lease or buying property)
- Financing (debt/equity/bank)
- Contracts (for employees, suppliers, customers…)
- Intellectual property matters (naming business, patents, trademarks)
- Taxation/selling a business
Hire lawyer for ____ matters, such as:
Hire lawyer for SERIOUS matter
Ex:
Criminal law
Contested family law matter
Non-routine business matters
Anything you don’t understand
Each province has ____ for small claims court—> AB:
Monetary jurisdiction, AB: 50,000
Litigation over 50,000$ in AB goes to which court? Need lawyer?
Litigation with amount over max limit of monetary jurisdiction for small claims, goes to a superior court —> need lawyer
Proceedings when you break law (2)
- First, criminal prosecution vs government
- If convicted —> punished and criminal record, civil ligation by person harmed
How to find appropriate lawyer steps
- Make list of lawyers
- Meet w one or more lawyer on list to determine 1 that’s most apporpriate
Sources of lawyers names
Law society of Alberta lawyer directory
(Also ads, yellow pages, referrals) directory is best to find what is most APPROPRIATE for you
Most important criteria to choose lawyer
Trust and comfort (mutual)
Fees should be discussed during ___ with lawyer
Initial meeting/consultation
Main ways lawyer fees are calculated (4)
- Fixed fee
- Hourly rate
- Contingency fee
- Percentage rate (value added)
Fixed fee —> used for what
Fixed fee for required work regardless of time
FOR SPECIFIC TASKS ex: preparing will, buying house, incorporating a bus
Hourly rate
Based on time spent
Contingency fee and used when(2)
Lawyer receives % of amount client collects,
Client gets nothing lawyer gets nothing
*PERSONAL INJURY CLAIMS
PRODUCT LIABILITY CASES
Percentage rate (value added) and when used
Pay fixed fee + % based on value
Ex: incorporating a business, larger business will involve larger fee since more complec
Disbursements, who’s responsible, ex
= out-of-pocket costs incurred by lawyer on client’s behalf
CLIENT responsible
- court fees for filing docs
-long distance phone calls
Courier charges
Photocopying
Fee charged by expert for testifying
….
Retainer
= amount of money lawyer requests before starting work
- a deposit
-held in trust
- when lawyer bills client — amount owed paid from retainer
Legal aid based on (2)
- Financial need
- Substantive eligibility
When to complain about a lawyer
When believe lawyers done something illegal, unethical, or breached the code of professional conduct
