Sophisticated client Flashcards
(35 cards)
characteristics of a sophisticated client
- KNOWLEDGEABLE
- CONFIDENT in dealing with lawyer
- able to RESEARCH the law
- PROVIDE complete + accurate info
- UNDERSTAND advice from lawyer
how to find a lawyer?
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.
most important thing when you choosing a lawyer?
trust and comfort
when to hire a lawyer?
beyond the basics.
- outside of small claims court.
litigator vs solicitor
- litigator: appear in court
- solicitor: contract, security + more paperwork
what is law society of alberta?
regulates all lawyers in alberta.
- certify, govern, regulate lawyers
role of lawyer
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
client + decision
client makes an informed decision + lawyer must follow
role of legal aid alberta
cost effective legal services for ppl in Ab, based on financial and substantive eligibility
is legal aid always completely free?
no, may have to pay back. especially if got settlement money or compensation.
what are criteria to get legal aid?
- only covers certain legal matters. more necessity than anything
- financial criteria: make less than $1650 a month for 1 single person.
4 methods of setting fees
- fixed fee
- contingency fee
- hourly rate
- percentage rage (value added)
what is fixed fee?
routing matters, set fee regardless of time involved
what is contingency fee?
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
what is hourly rate?
lawyer bills client according to time spent.
rate varies with experience
what is percentage rate (value added)?
client pays fixed fee + percentage based on value.
- larger issue = large value added.
what are disbursements?
extra costs, out-of-pocket expenses the lawyer incurs when handling your case.
what are retainers
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
if lawyer takes money out of trust without invoicing what can happen?
legal offence = misappropriation of trust funds.
- can be disbarred.
2 complaints against a lawyer
- complaints regarding lawyer conduct
2. complaints regarding fees
what does a complaint regarding lawyer conduct entail?
- didn’t comply with Code of Professional Conduct
what does a complaint regarding fees entail?
client disagrees with the lawyer’s bill.
how to complain about Lawyer conduct?
file complain to Law Society of Alberta.
- will investigate both stories
- if has merit, they’ll have a hearing (quasi-law suit)
how to complain about Lawyer fees
go to taxation officer at the court. taxation officer will determine if charges are fair, and can adjust if necessary.