Sophisticated client Flashcards
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.
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
what decisions can be made at the Law Society re: Complaint about Lawyer Conduct
- reprimanded
- warning
- fined
- suspended
- disbarred
what is most serious thing lawyer can do?
misappropriating trust funds
making a complaint against your lawyer: what’s in it for you?1
- no compensation
- satisfaction that inappropriate conduct has been dealt with
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
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
what is the ethical code for Lawyers?
code of Professional Conduct
- ethical behaviour
- integrity
- honesty
- professionalism
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
Business ppl and code of conduct?
no, there in not one.
- still found guilty of wrongdoing tho
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
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.
