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Blaw 201 > Blaw > Flashcards

Blaw Flashcards

1
Q

Sophisticated client (7)

A
  1. Understands role of lawyer and client
  2. Knows when to represent self vs hire lawyer
  3. Knows how to hire a lawyer
  4. Understands costs of hiring a lawyer
  5. Knows what can be done when dissatisfied with a lawyer
  6. Can discuss legal aid
  7. Discuss professional code of conduct for lawyer
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2
Q

Client =
Lawyer =

A

Client = decision maker
Lawyer = expert

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3
Q

Lawyer ____ by client
Client provides lawyer with ___

A

Lawyer is hired by client
Client provides lawyer with instructions

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4
Q

Lawyer ___ to follow clients instructions
And client ___

A

Lawyer is bound to follow client instructions,

Client is free to ignore lawyers advice, although sometimes unwise

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5
Q

Solicitor - client privilege

A

Duty of lawyer to keep information provided by client confidential

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6
Q

____ of legal advice ___ in direct proportion to ____ provided to lawyer

A

VALUE of legal advice VARIES in DIRECT PROPORTION to COMPLETENESS of INFO provided to lawyer

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7
Q

When/ why to hire lawyer (8)

A
  1. Deciding the form of a business (LLP/partnership…)
  2. Buying existing business
  3. Understanding and complying with federal and provincial laws
  4. When determining physical location of bus ( lease or buying property)
  5. Financing (debt/equity/bank)
  6. Contracts (for employees, suppliers, customers…)
  7. Intellectual property matters (naming business, patents, trademarks)
  8. Taxation/selling a business
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8
Q

Hire lawyer for ____ matters, such as:

A

Hire lawyer for SERIOUS matter
Ex:
Criminal law
Contested family law matter
Non-routine business matters
Anything you don’t understand

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9
Q

Each province has ____ for small claims court—> AB:

A

Monetary jurisdiction, AB: 50,000

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10
Q

Litigation over 50,000$ in AB goes to which court? Need lawyer?

A

Litigation with amount over max limit of monetary jurisdiction for small claims, goes to a superior court —> need lawyer

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11
Q

Proceedings when you break law (2)

A
  1. First, criminal prosecution vs government
  2. If convicted —> punished and criminal record, civil ligation by person harmed
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12
Q

How to find appropriate lawyer steps

A
  1. Make list of lawyers
  2. Meet w one or more lawyer on list to determine 1 that’s most apporpriate
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13
Q

Sources of lawyers names

A

Law society of Alberta lawyer directory
(Also ads, yellow pages, referrals) directory is best to find what is most APPROPRIATE for you

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14
Q

Most important criteria to choose lawyer

A

Trust and comfort (mutual)

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15
Q

Fees should be discussed during ___ with lawyer

A

Initial meeting/consultation

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16
Q

Main ways lawyer fees are calculated (4)

A
  1. Fixed fee
  2. Hourly rate
  3. Contingency fee
  4. Percentage rate (value added)
17
Q

Fixed fee —> used for what

A

Fixed fee for required work regardless of time
FOR SPECIFIC TASKS ex: preparing will, buying house, incorporating a bus

18
Q

Hourly rate

A

Based on time spent

19
Q

Contingency fee and used when(2)

A

Lawyer receives % of amount client collects,
Client gets nothing lawyer gets nothing
*PERSONAL INJURY CLAIMS
PRODUCT LIABILITY CASES

20
Q

Percentage rate (value added) and when used

A

Pay fixed fee + % based on value
Ex: incorporating a business, larger business will involve larger fee since more complec

21
Q

Disbursements, who’s responsible, ex

A

= 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
….

22
Q

Retainer

A

= amount of money lawyer requests before starting work
- a deposit
-held in trust
- when lawyer bills client — amount owed paid from retainer

23
Q

Legal aid based on (2)

A
  1. Financial need
  2. Substantive eligibility
24
Q

When to complain about a lawyer

A

When believe lawyers done something illegal, unethical, or breached the code of professional conduct

25
Q

If unhappy about lawyers fees

A

CANNOT COMPLAIN
- first talk to lawyer
- can be reviewed by a COURT OFFICIAL (taxation officer)

26
Q

Complaint resolution _____ result in compensation to client

A

DOES NOT

27
Q

Who do you complain to about lawyer

A

Alberta law society

28
Q

Provincial law societies =

A

Self governing bodies for lawyers: regulate legal profession, involves dealing with complaints

29
Q

Ethics of lawyers in code of professional conduct basis (3)

A
  1. Integrity
  2. Honesty
  3. Professionalism
30
Q

Ethics=

A

Rules of behaviour based on ideas of what is morally good or bad
- tell us what we should do

Blaw 201 (4 decks)

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