Midterm

Question 1

What are characteristics of a sophisticated client?

Answer 1

• Knowledgeable
• Confident in dealing with one’s lawyer.
• Able to research the law (using online or print resources) and find answers to basic legal questions by oneself.
• Able to better assist the lawyer by providing complete and accurate information.
• Able to better understand any advice the lawyer provides.

Question 2

Role of the Lawyer

Answer 2

The lawyer gives advice, options, advises of one’s rights, and the potential consequences of various options. The lawyer may also provide an opinion—ie. strength of case, likelihood of success.

Question 3

Role of the Client

Answer 3

The client makes the decision (informed decision). The lawyer is bound to follow client instructions.

Question 4

When should you represent yourself?

Answer 4

You can successfully represent yourself in small claims court without a lawyer

Question 5

When should you hire a lawyer

Answer 5

Hire a lawyer for serious matters, actions in the CQB, criminal law matters, contested family law matters, non-routine business matters, anything you don’t understand.

Question 6

Resources to find a lawyer that aren’t super helpful

Answer 6

To find an appropriate lawyer, many people would consider Google advertisements (typically personal injury lawyers), Yellow Pages, and referrals from friends and relatives–although, these methods may not be the most helpful.

Question 7

Most useful source to find a lawyer

Answer 7

A most useful source is the Law Society of Alberta Lawyer Directory

Question 8

What is the next step after obtaining a list of potential lawyers?

Answer 8

Meet with one or more lawyers from the list to determine the most suitable one for your needs.

Question 9

What is the most important criteria for choosing a lawyer

Answer 9

Trust and Comfort with your lawyer’s style is the most important criteria for choosing a lawyer - not the amount of fees they charge for their services.

Question 10

Fixed Fee

Answer 10

regardless of time involved (ie. Preparing a will, incorporating a business). typically for very routine matters

Question 10

What is the role of Legal Aid Alberta

Answer 10

• Legal Aid Alberta provides cost effective legal services for people in Alberta, based on financial and substantive eligibility. See www.legalaid.ab.ca for eligibility criteria.
• Legal Aid Alberta will appoint lawyers to represent individuals in certain cases.
• Even if you qualify you may have to pay or pay back some of the fees.
• Legal aid only covers certain types of legal matters. (landlord issues are not covered) See website for list.

Question 11

Disbursements

Answer 11

(extra costs) are out-of-pocket expenses the lawyer incurs when handling your case (ie. postage, long distance charges, photocopying, medical reports, court filing fees). The lawyer will initially handle it and then bill you for it.

Question 11

Contingency Fee

Answer 11

If client is successful (wins case) and collects a judgement or settlement, the lawyer will receive a % (determined from the start) of the amount. If client loses, lawyers receives nothing (this method may be used for personal injury cases). Lawyers will typically advertise this if they do it (if you don’t win we don’t win either). Typically lawyers will recommend settlement.

Question 11

Hourly Rate

Answer 11

lawyer bills client according to time spent. Rate varies with experience of lawyer. Client pays regardless of whether win/lose case. This is the most common method. Billable hour (get the quote at the beginning) Only charge for hard core work.

Question 12

Percentage rate (value added)

Answer 12

Client pays a fixed fee plus percentage based on value (ie. Probating an estate, incorporating a business). Larger estates or businesses will involve a larger fee. This is a combination. Starting rate is a flat rate, but it will go up depending on complexity

Question 13

Retainer

Answer 13

an amount of money a lawyer will request before commencing work. The retainer is HELD IN TRUST for the client. As the lawyer does work for the client he/she will bill the client- the amount owed will be paid from the retainer funds. Unused funds are returned to the client.

Question 14

What is a missappropriation of trust fund

Answer 14

They take money out of your account without invoicing.

Question 14

Complaints regarding Lawyer conduct

Answer 14

Lawyers must comply with the Code of Professional Conduct, which governs the conduct of lawyers in their practice. If a lawyer breaches the Code, a complaint may be made against him/her with the Law Society of Alberta. (see the Code of Conduct and Complaints Process on the Law Society website under the “Lawyer Regulation” link). Then have disciplinary hearing and may get fined, suspended, or disbarred

Question 15

When is it appropriate to complain about a lawyer

Answer 15

You cannot complain just because you lost your case. You may only complain if you believe the lawyer has done something unethical, illegal, or breached the Code of Professional Conduct (they didn’t show up, couldn’t answer questions, didn’t consult you)

Question 16

Complaints regarding Fees

Answer 16

Law Society does not handle fee complaints. Client can have the lawyer’s bill reviewed by a Court official (Taxation Officer). The Taxation Officer will determine if charges are fair and adjust if necessary.

Question 17

Complain process

Answer 17

Making a complaint under the Complaints Process will not result in compensation being paid to you. You just get satisfaction that your lawyer was disciplined

Question 18

If your lawyer was negligent…

Answer 18

you may have to sue for compensation, or make a claim to the Insurer who provides liability insurance for lawyers in Alberta. All lawyers have professional liability insurance. See the Law Society of Alberta website - Financial Claims - How to make a Claim.

Question 19

If your lawyer has missappropraited or stolen trust funds…

Answer 19

you may make a claim to the Assurance Fund for compensation. Lawyers in AB contribute to this fund as a mandatory part of their annual professional fees.

Question 20

Where are the professional and ethical obligations of a lawyer set out

Answer 20

the need for ethical behaviour, based on integrity, honesty and professionalism.

Question 21

Why are ethics important to lawyers?

Answer 21

Lawyers will be punished if they do not act appropriately. (see Lawyer Regulation - Hearings and Outcomes - Notices - for a list of recent suspensions and disbarments of lawyers in Alberta.

Question 22

Common Law Legal System

Answer 22

Body of law evolved through judicial decisions (judgments) of the courts. Based on precedent. System originated in England. Judges discovered law in custom and traditions of “common people”. Older men would essentially go around and set up port and anyone with a dispute would come before the judge and judge would make a decision.

Question 23

Based on precedent

Answer 23

Means that the case will likely be decided the same as a previously decided similar case. Past cases have set a precedent for future cases

Question 24

Characteristics of the Common Law Legal System

Answer 24

Fairness
Consistency
Predictability

Question 25

Terms used to describe Common Law

Answer 25

• Judgments, Judge-made law, Judicial authority, Judicial decisions
• Caselaw
• Precedent
• Stare decisis (latin term)-> stand by a previous decision

Question 26

From Where do we get our Common law

Answer 26

• Traditional English law
• Supreme Court of Canada (SCC)
• Provincial Courts of Appeal (ie. Alta. Court of Appeal) - ABCA
• Provincial Superior Courts (ie. Alta. Court of Kings Bench) - ABKB
• Provincial Courts (name change as of April 1, 2023 to AB Court of Justice (ABCJ) (formerly called Alta. Prov Ct. or ABPC)
• Administrative Tribunals

Question 27

SCC

Answer 27

highest court of canada

Question 28

Provincial court of appeal

Answer 28

ABCA- highest court in Alberta

Question 29

Provincial Courts

Answer 29

AB Court of Juice (ABCJ)
trial court

Question 29

Provincial Superior Courts

Answer 29

Alberta court of kings bench - ABKB.
- trail court

Question 30

Administrative Tribunals

Answer 30

• operates like a court
• precedent cases
• workers compensation board
• land compensation board

Question 31

Definition of Law

Answer 31

“Law is the body of rules that can be enforced by the Courts or other Government agencies”

“Law is the body of rules made by Parliament, Legislatures, Government agencies, and the Courts, and having binding legal force.” (binding = must be followed)

Question 32

Statute Law

Answer 32

• legislation (acts)
• A formal written enactment of a legislative body whether federal, provincial, or municipal” (legislation)

Question 32

Common Law

Answer 32

“A body of law which derives and develops through judicial decisions” (judgments, caselaw, precedent).
- Quebec doesn’t follow common laws (they’re based on a civil law system (france))

Question 32

Substantive Law

Answer 32

The rules that govern behavior and sets limits on conduct
- what you can and cannot do (can’t commit murder/must file income tax)

Question 33

Public Law

Answer 33

• Regulates our relationship with government
• Atleast one party is the government
  -ex: immigrants
• Armstrong v Crown (crown represents the government). Criminal code offense

Question 34

Procedural Law

Answer 34

• Usually legislation -> concerned with legal process
• How rights and obligations are enforced
• ex: right to remain silent