LOA - final exam

Question 1

what are lawyer fees? are these fees taxable?

Answer 1

lawyer fees are amounts charged by lawyers regarding their professional legal services

these fees are taxable by both GST and PST

Question 2

what are disbursements? are disbursements taxable (provide examples for those that are taxable and not)

Answer 2

disbursements are out of pocket expenses made by a lawyer or a firm in order to complete client matters

disbursements are not taxable if it is ordering documents, ordering searches, performing legal searches

disbursements are taxable by GST if it is photocopying, postage and couriers

Question 3

how does a lawyer bill their time

Answer 3

lawyers bill their time by 1/10 of an hour

Question 4

how does a lawyer record their time and what would be included?

Answer 4

lawyers record their time from actual time spent on the matter, flat fee/ fixed rate, contingency fee

Question 5

how does a lawyer record their time and what would be included?

Answer 5

lawyers record their time from actual time spent on the matter, flat fee/ fixed rate, contingency fee

Question 6

what information would we find on a time sheet

Answer 6

date, file number, file name, activity code, description of time entry, amount of time spent

Question 7

regular statements of account vs. legal aid statements of account

Answer 7

statements of account are lawyer fees, include both taxable and non-taxable disbursements and include E & OE

legal aid statements of account do not include any taxes, disbursements may not be at a reduced rate, and legal aid certificate numbers and lawyers statement would be included in the invoice

Question 8

what does E &OE stand for and what does it mean

Answer 8

E & OE stands for errors and omissions excepted

it reduces legal ability if information is inaccurate

Question 9

funds that are contained in a firms general account- who does it belong to

Answer 9

finds that are contained in a firms general account belongs to the firm

Question 10

funds that are contained in a firms trust account - who does it belong to

Answer 10

funds that are contained a firms trust account belong to the client

Question 11

what is trust money

Answer 11

trust money is money received in connection with the legal practice that belongs to the client

Question 12

differentiate between pooled trust account and specific trust investment accounts

Answer 12

a pooled trust account is an interest-bearing chequing account that is opened at a savings institution for the benefit of the clients
a specific trust investment account is an interest-bearing account opened in trust for a specific client at a savings institution

Question 13

what is a firms monthly reconciliation? what is it comparing?

Answer 13

a monthly trust reconciliation includes reasons for differences between a pooled trust account and a specific trust investment account

this compares the amount of money held in the trust bank account according to the firm , the total amount of the individual client trust ledgers and the amount of money held in trust according to the bank

Question 14

what is the purpose of legal aid

Answer 14

the purpose of legal aid is to help disadvantaged individuals or groups have access to justice

Question 15

which organizations fund legal aid

Answer 15

province of Manitoba
government of Manitoba
Manitoba law foundation
fees paid by clients

Question 16

do all lawyers take on legal aid matters

Answer 16

no

Question 17

what are the two eligibility requirements for legal aid

Answer 17

gross income and family size

Question 18

how can a client be financially eligible for legal aid

Answer 18

clients can be fully eligible - this is when they do not have to pay for anything
partially eligible - this is where the client pays a fixed part of the cost of the case
expanded eligibility - this is where the client pays full cost of the case, legal aid rates, and the program fee

Question 19

what is the agreement to pay program (ATP) and how does it work

Answer 19

the agreement to pay program is used when a client has the means to pay for legal services at legal aid rates

the client must agree to pay back LAM in monthly instalments interest-free, an agreement must be signed, a small down payment must be made, plus a 25% program fee

as long as monthly payments are made, LAM will continue representing the client

Question 20

repaying legal aid - charge on land

Answer 20

charge on land is when LAM has a right to put a lien on a homeowners property if they qualify for legal aid

if the homeowner sells the property, LAM would be repaid from the profits made of the property

Question 21

repaying legal aid - statutory holdback

Answer 21

statutory holdback is when LAM may be reimbursed from funds that are awarded to the clients case

Question 22

types of cases that legal aid covers

Answer 22

family, public interest, immigration and refugees, mental health, criminal

Question 23

cases that legal aid does not cover

Answer 23

real estate transactions, property divisions, wills and estates, civil suits

Question 24

responsibilities of a legal aid client

Answer 24

• eligible clients may choose their lawyer
• needs a legal aid certificate which authorizes a lawyer to represent the client
• some clients may change their lawyers
• if a client changes their lawyer without LAM being informed, LAM may charge the client for all legal service expenses
• anything affecting a clients eligibility for legal aid must be reported

Question 25

what is a legal aid tariff

Answer 25

legal aid tariffs are establishments hourly rate

Question 26

how do you format business documents

Answer 26

margins on all non-court documents must be 1" the fonts should be times new roman or arial the font size should be 11pt or 12pt

Question 27

demand letter

Answer 27

used to request an action or payment from another party information included is the amount being demanded and any per diem interest

Question 28

a notarial certificate

Answer 28

a one page document that includes original documents beneath it it is signed and sealed by a notary public and is usually as good as the original

Question 29

affidavit

Answer 29

it is a form of written testimony statements of facts are sworn or affirmed by a notary public of the commissioner for oath has the same effect as evidence given verbally under oath

Question 30

statutory declaration

Answer 30

it is a form of written testimony sworn by a notary public of commissioner for oaths has the same effect as evidence given verbally under oath usually used outside of court

Question 31

exhibit stamp

Answer 31

it is used to identify a document attached to and referred to in an affidavit or a statutory declaration

Question 32

amending agreement

Answer 32

it is used to amend an already existing agreement with corrections, deletions and additions

Question 33

statements of funds received and disbursed

Answer 33

it is a statement of a trust account showing funds received and taken out of a trust account

Question 34

letter of independent legal advice

Answer 34

used when there is a potential conflict of interest where a lawyer cannot advise both parties

Question 35

conflict of interest letter/agreement

Answer 35

when lawyers may represent both parties to certain matters as long as the interest of both parties are the same

Question 36

differentiate between swearing or affirming a document

Answer 36

swearing is to make a solemn declaration or affirmation by some sacred beings or object affirmation is a solemn declaration accepted instead of a statement under oath to avoid religious implications

Question 37

types of powers of attorney - general power of attorney

Answer 37

authorizes a named attorney to deal with all matters set out in a document it ends when the donor becomes mentally incompetent

Question 38

types of powers of attorney- enduring power of attorney

Answer 38

contains a clause allowing the named attorney to continue acting even when the donor becomes mentally incompetent

Question 39

types of powers of attorney - limited power of attorney

Answer 39

when an attorney can only deal with specific matters set out in a document

Question 40

types of powers of attorney - springing power of attorney

Answer 40

when a donors can continue managing their own affairs until they decide they need their attorneys help or they are no longer mentally incompetent and can no longer manager their affairs

Question 41

what is a notary public

Answer 41

a person who is authorized to sign/seal documents that will be sent outside of Manitoba or worldwide practicing lawyers within manitoba are notaries the license does not expire

Question 42

commissioner for oaths

Answer 42

persons who are authorized to witness signatures that are staying within the province legal assistants are required to complete an application to become a commissioner for oaths the license must be renewed every 2 years