Topic 1 - Sophisticated Client Flashcards
What are the 5 characteristics of a sophisticated client?
- Knowledgeable
- Confident in dealing with one’s lawyer
- Able to research the law and find answers to basic legal questions
- Able to assist the lawyer by providing complete and accurate information
- Able to better understand any advice the lawyer provides
Role of the Lawyer:
The lawyer gives advice, options, advises of one’s rights and potential ____________ of various options. The lawyer may also provide an __________(strength of case, likelihood of success, etc.)
CONSEQUENCES
OPINION
The client makes the ________ and the lawyer is bound to follow client __________
decision, instructions
When should you hire a lawyer instead of representing yourself?
- serious matters
- actions in the CQB
- criminal law matters
- contested family law matters
- non-routine business matters
- anything you don’t understand
When is it possible to represent yourself instead of hiring a lawyer?
In Small Claims court
What is the most important criteria for choosing a lawyer?
trust and comfort
What website is the most useful for finding a lawyer in Alberta?
Law Society of Alberta Lawyer Directory
What is the role of Legal Aid Alberta?
provides cost effective legal services for people in Alberta based on financial and substantive eligibility
What 4 methods do lawyers use to set their fees?
- Fixed Fee
- Contingency Fee
- Hourly Rate
- Percentage rate (value added)
What is the FIXED FEE method that lawyers use to bill clients
the fee is the same regardless of the time involved (e.g. preparing a will, incorporating a business)
What is the CONTIGENCY FEE method that lawyers use to bill clients
if the client is successful (case is won) and they collect a judgement or settlement, the lawyer will receive a % of the amount, if the client loses the lawyer receives nothing (e.g. personal injury cases)
What is the HOURLY RATE method that lawyers use to bill clients
lawyers bill client according to time spent, client pays regardless of win/lose case
What is the PERCENTAGE RATE (VALUE ADDED) method that lawyers use to bill clients
Clients pay a fixed fee plus percentage based on value (e.g. probating an estate, incorporating a business)
What is a DISBURSEMENT?
Extra costs, out-of-pocket expenses that a lawyer incurs when handling your case (e.g. postage, long distance charges, photocopying, medical reports, court filing fees)
Give 3 examples of possible disbursements that a lawyer can incur
postage, long distance charges, photocopying, medical reports, court filing fees
What is a RETAINER?
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 they will bill the client and the amount owed will be paid out of the retainer fund
What happens to unused retainer funds
unused funds are returned to the client
Can you complain about a lawyer because you lost your case?
No
When can you complain about a lawyer?
When you believe they have done something unethical, illegal or breached the Code of Professional Conduct
Where can complaints about lawyers be made?
Law Society of Alberta
Does the Law Society handle fee complaints?
No
Clients can have the lawyer’s bill reviewed by a Taxation Officer and they will adjust charges if necessary
True or False?
Making a complaint under the Complaints Process WILL NOT result in compensation being paid to you
True
You may have to sue for compensation or make a claim to the Insurer providing liability insurance for lawyers in Alberta
If your lawyer has misappropriated or stolen trust funds how do you get compensation?
You can make a claim to the Assurance Fund (this fund is a mandatory part of lawyer’s annual professional fees)
Is there a standardized Code of Professional Conduct for Business people?
No, but:
Business people can prepare their own “Code of Conduct” for ethical standards that their employees must follow
What core ethical values should form the basis of a Code of Conduct?
trust, respect, fairness and accountability
What are some possible things that could be included in a Code of Conduct for a small business?
- Standards for Employee Behaviour
- Use of corporate money/assets
- Confidentiality of business and employee info
- Fair dealing
- Conflicts of interest
- Process for reporting of illegal/unethical behaviour
True or False?
Under a contingency fee arrangement, your lawyer keeps a record of the time spent on the case and charges you an hourly rate
False
This is the Hourly Rate fee method
True or False?
Your lawyer may agree to act on your behalf and take as a fee a percentage of the award which you will eventually receive
True
If you hire a lawyer to provide a routine service such as a property sale, the lawyer may be able to quote a fixed or flat fee regardless of the amount of work involved
True
