copyright © 2008 pearson education canada1-1 chapter 1: managing your legal affairs

Copyright © 2008 Pearson Education Canada 1-1

Chapter 1:Chapter 1:

Managing Your Managing Your Legal AffairsLegal Affairs


Becoming a Sophisticated ClientBecoming a Sophisticated Client

Confident, knowledgeable, up-to-dateConfident, knowledgeable, up-to-date Understand the role of lawyer and clientUnderstand the role of lawyer and client Understands the costsUnderstands the costs How to deal with dissatisfaction with How to deal with dissatisfaction with

lawyerlawyer


Role of LawyerRole of Lawyer

Provides relevant legal adviceProvides relevant legal advice Client is decision makerClient is decision maker Lawyer bound to follow client’s instructionsLawyer bound to follow client’s instructions


Question for DiscussionQuestion for Discussion

What experience have you had with the What experience have you had with the legal system?legal system?

How did you feel about it?How did you feel about it?


When to Hire a LawyerWhen to Hire a Lawyer

New business, buying existing businessNew business, buying existing business Compliance issuesCompliance issues Physical locationPhysical location Financial issuesFinancial issues ContractsContracts Intellectual propertyIntellectual property


When to Represent YourselfWhen to Represent Yourself

Obtaining legal informationObtaining legal information On-line sourcesOn-line sources Understanding the informationUnderstanding the information Type of issue at stakeType of issue at stake


How to Find a Good LawyerHow to Find a Good Lawyer

Yellow pagesYellow pages ReferralsReferrals Provincial Law Society/Canadian Bar Provincial Law Society/Canadian Bar

AssociationAssociation Legal referral servicesLegal referral services


Legal AidLegal Aid

Eligibility varies from province to provinceEligibility varies from province to province Financial guidelinesFinancial guidelines Subject matter guidelinesSubject matter guidelines Duty counselDuty counsel


BillingBilling

Fixed feeFixed fee Hourly rateHourly rate Contingency feeContingency fee DisbursementsDisbursements RetainerRetainer



Is there a limit on contingency fees in your Is there a limit on contingency fees in your jurisdiction?jurisdiction?

Do you agree with the concepts of limits?Do you agree with the concepts of limits? Is the limit in your jurisdiction too high or Is the limit in your jurisdiction too high or

too low?too low? Should it change based on the risk of Should it change based on the risk of

success with the case?success with the case?


ComplaintsComplaints

Provincial law societies are self-governingProvincial law societies are self-governing Complaint resolution process variesComplaint resolution process varies Mediation services may be availableMediation services may be available Investigation, formal hearing if warrantedInvestigation, formal hearing if warranted Compensation requires additional civil Compensation requires additional civil

actionaction


Ethics of LawyersEthics of Lawyers

Every provincial law society has rules of Every provincial law society has rules of professional conductprofessional conduct

Will prompt complaint and investigationWill prompt complaint and investigation if if not followednot followed

Ethical behaviour implies integrity, honesty Ethical behaviour implies integrity, honesty and professionalismand professionalism

Failure to observe ethical behaviour may Failure to observe ethical behaviour may result in disbarmentresult in disbarment


Ethics of ClientsEthics of Clients

No code of conduct for business peopleNo code of conduct for business people Businesses should establish their own Businesses should establish their own

code of conduct for the organization and code of conduct for the organization and their employeestheir employees



Does your business/employer have a Does your business/employer have a mission statement?mission statement?

Does your business/employer have a code Does your business/employer have a code of conduct?of conduct?

Are these referred to and used in the daily Are these referred to and used in the daily conduct of business?conduct of business?

copyright © 2008 pearson education canada1-1 chapter 1: managing your legal affairs

Documents

code of conduct

daily conduct of business

legal affairsbecoming

legal system

lawyernew business

business peoplebusinesses

followedethical behaviour

clients instructionsquestion