Sophisticated client Flashcards

(35 cards)

1
Q

characteristics of a sophisticated client

A
  1. KNOWLEDGEABLE
  2. CONFIDENT in dealing with lawyer
  3. able to RESEARCH the law
  4. PROVIDE complete + accurate info
  5. UNDERSTAND advice from lawyer
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2
Q

how to find a lawyer?

A

yellow pages, google - not gr8 tho.

edmonton community legal society, recommendations.

Law Society Lawyer Referral Service (free, get names of 3 lawyers, meet with them for free 30 min consultation.

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3
Q

most important thing when you choosing a lawyer?

A

trust and comfort

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4
Q

when to hire a lawyer?

A

beyond the basics.

- outside of small claims court.

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5
Q

litigator vs solicitor

A
  • litigator: appear in court

- solicitor: contract, security + more paperwork

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6
Q

what is law society of alberta?

A

regulates all lawyers in alberta.

- certify, govern, regulate lawyers

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7
Q

role of lawyer

A

advice, options + opinion based on rights + potential consequences.

  • bound to follow client instructions
  • breach of professional ethics if do something contrary to what’s instructed
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8
Q

client + decision

A

client makes an informed decision + lawyer must follow

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9
Q

role of legal aid alberta

A

cost effective legal services for ppl in Ab, based on financial and substantive eligibility

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10
Q

is legal aid always completely free?

A

no, may have to pay back. especially if got settlement money or compensation.

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11
Q

what are criteria to get legal aid?

A
  • only covers certain legal matters. more necessity than anything
  • financial criteria: make less than $1650 a month for 1 single person.
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12
Q

4 methods of setting fees

A
  1. fixed fee
  2. contingency fee
  3. hourly rate
  4. percentage rage (value added)
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13
Q

what is fixed fee?

A

routing matters, set fee regardless of time involved

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14
Q

what is contingency fee?

A

lawyer gets paid % of judgement/settlement contingent on the fact that the client wins a case. if client, lawyer receives nothing

  • will encourage you to settle
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15
Q

what is hourly rate?

A

lawyer bills client according to time spent.

rate varies with experience

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16
Q

what is percentage rate (value added)?

A

client pays fixed fee + percentage based on value.

- larger issue = large value added.

17
Q

what are disbursements?

A

extra costs, out-of-pocket expenses the lawyer incurs when handling your case.

18
Q

what are retainers

A

amount of money a lawyer will request before commencing work.
HELD IN TRUST.
as lawyer does work, will bill the client + amount owed will be paid from the retainer funds.
- unused funds returned

19
Q

if lawyer takes money out of trust without invoicing what can happen?

A

legal offence = misappropriation of trust funds.

- can be disbarred.

20
Q

2 complaints against a lawyer

A
  1. complaints regarding lawyer conduct

2. complaints regarding fees

21
Q

what does a complaint regarding lawyer conduct entail?

A
  • didn’t comply with Code of Professional Conduct
22
Q

what does a complaint regarding fees entail?

A

client disagrees with the lawyer’s bill.

23
Q

how to complain about Lawyer conduct?

A

file complain to Law Society of Alberta.

  • will investigate both stories
  • if has merit, they’ll have a hearing (quasi-law suit)
24
Q

how to complain about Lawyer fees

A

go to taxation officer at the court. taxation officer will determine if charges are fair, and can adjust if necessary.

25
what other things can warrant sanction?
- negligence - didn't follow client instruction - failed to inform client about case - failed to consult - failed to file important documents on time - failed to answer inquiries in timely manner - fail to show up for court appearance
26
what decisions can be made at the Law Society re: Complaint about Lawyer Conduct
- reprimanded - warning - fined - suspended - disbarred
27
what is most serious thing lawyer can do?
misappropriating trust funds
28
making a complaint against your lawyer: what's in it for you?1
- no compensation | - satisfaction that inappropriate conduct has been dealt with
29
What to do if you lost money/case due to lawyer misconduct/negligence?
- sue for compensation | - make a claim to the insurer who provides liability insurance for lawyers
30
what if your lawyer steals your trust funds?
make a claim to the Assurance fund for compensation. | - all lawyers contribute to the fun to compensate ppl who are victims of lawyer misappropriation
31
what is the ethical code for Lawyers?
code of Professional Conduct - ethical behaviour - integrity - honesty - professionalism
32
what happens if lawyer acts outside the Code of Professional conduct
reprimanded or punished. - can be disbarred or suspended. - avail to all to see if you were suspended/disbarred
33
Business ppl and code of conduct?
no, there in not one. | - still found guilty of wrongdoing tho
34
should there be a code of conduct in business?
yes. most businesses create code within the company to establish ethical standards. - be role model to employees - basesd on trust, respect, fairness, accountability
35
what is the advantage of a code of conduct?
- provides assurance to ppl dealing with them that operation is honest, accountable, high integrity, high standards.