Sophisticated client

Question 1

characteristics of a sophisticated client

Answer 1

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

Question 2

how to find a lawyer?

Answer 2

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.

Question 3

most important thing when you choosing a lawyer?

Answer 3

trust and comfort

Question 4

when to hire a lawyer?

Answer 4

beyond the basics.

- outside of small claims court.

Question 5

litigator vs solicitor

Answer 5

• litigator: appear in court

- solicitor: contract, security + more paperwork

Question 6

what is law society of alberta?

Answer 6

regulates all lawyers in alberta.

- certify, govern, regulate lawyers

Question 7

role of lawyer

Answer 7

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

Question 8

client + decision

Answer 8

client makes an informed decision + lawyer must follow

Question 9

role of legal aid alberta

Answer 9

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

Question 10

is legal aid always completely free?

Answer 10

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

Question 11

what are criteria to get legal aid?

Answer 11

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

Question 12

4 methods of setting fees

Answer 12

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

Question 13

what is fixed fee?

Answer 13

routing matters, set fee regardless of time involved

Question 14

what is contingency fee?

Answer 14

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

Question 15

what is hourly rate?

Answer 15

lawyer bills client according to time spent.

rate varies with experience

Question 16

what is percentage rate (value added)?

Answer 16

client pays fixed fee + percentage based on value.

- larger issue = large value added.

Question 17

what are disbursements?

Answer 17

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

Question 18

what are retainers

Answer 18

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

Question 19

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

Answer 19

legal offence = misappropriation of trust funds.

- can be disbarred.

Question 20

2 complaints against a lawyer

Answer 20

1. complaints regarding lawyer conduct

2. complaints regarding fees

Question 21

what does a complaint regarding lawyer conduct entail?

Answer 21

• didn’t comply with Code of Professional Conduct

Question 22

what does a complaint regarding fees entail?

Answer 22

client disagrees with the lawyer’s bill.

Question 23

how to complain about Lawyer conduct?

Answer 23

file complain to Law Society of Alberta.

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

Question 24

how to complain about Lawyer fees

Answer 24

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

Question 25

what other things can warrant sanction?

Answer 25

• 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

Question 26

what decisions can be made at the Law Society re: Complaint about Lawyer Conduct

Answer 26

• reprimanded
• warning
• fined
• suspended
• disbarred

Question 27

what is most serious thing lawyer can do?

Answer 27

misappropriating trust funds

Question 28

making a complaint against your lawyer: what’s in it for you?1

Answer 28

• no compensation

- satisfaction that inappropriate conduct has been dealt with

Question 29

What to do if you lost money/case due to lawyer misconduct/negligence?

Answer 29

• sue for compensation

- make a claim to the insurer who provides liability insurance for lawyers

Question 30

what if your lawyer steals your trust funds?

Answer 30

make a claim to the Assurance fund for compensation.

- all lawyers contribute to the fun to compensate ppl who are victims of lawyer misappropriation

Question 31

what is the ethical code for Lawyers?

Answer 31

code of Professional Conduct

• ethical behaviour
• integrity
• honesty
• professionalism

Question 32

what happens if lawyer acts outside the Code of Professional conduct

Answer 32

reprimanded or punished.

• can be disbarred or suspended.
• avail to all to see if you were suspended/disbarred

Question 33

Business ppl and code of conduct?

Answer 33

no, there in not one.

- still found guilty of wrongdoing tho

Question 34

should there be a code of conduct in business?

Answer 34

yes.
most businesses create code within the company to establish ethical standards.
- be role model to employees
- basesd on trust, respect, fairness, accountability

Question 35

what is the advantage of a code of conduct?

Answer 35

• provides assurance to ppl dealing with them that operation is honest, accountable, high integrity, high standards.