Topic 1: THE SOPHISTICATED CLIENT

What will a sophisticated person do when they realize they don’t have all the knowledge they need to get the best solution?

• get a lawyer fr

Characteristics of a sophisticated client

• able to research the law

• find basic legal questions

• provide lawyer complete and accurate info

• understand advice from the lawyer

What is the Role of the Lawyer?

• give advice, options, advise on one’s rights

• potential consequences of options

• likelihood of success

What is the Role of the Client?

• provide lawyer with info

• makes informed decisions

• lawyer follow client instructions

• you can represent yourself in small claims court w/out a lawyer

What is Legal Aid Alberta?

• provides cost effective legal services

• based on financial and substantive eligibility

• appoint lawyers to represent indvs. in certain cases

• only covers certain types of legal matters

What is a Fixed Fee?

• setting a fee regardless of time involved

• ex. preparing a will

What is a Contingency Fee?

• if the client wins a case and gets settlement money, the lawyer will get a percentage of that

• if the client loses, the lawyer gets nothing

  • personal injury cases

What is a Hourly Rate Fee?

• bills client according to time spent on the case

• pay regardless of whether you win or lose the case

What is Percentage Rate/Value Added Fee?

• client pays a fixed fee and a percentage based on value

  • ex. probating an estate

• larger estates will involve a larger fee

What are Disbursements?

• out of pocket expenses the lawyer incurs when handling the case

• ex. expenses for postage, medical reports, photocopying documents, etc

What are Retainers?

• an amount of money a lawyer will request before starting the work

• held in trust for the client

• as the lawyer does work, they bill the client and the amount owed is paid from the funds

• unused funds go back to the client

When can you complain about your lawyer?

• if you believe the lawyer did something unethical, illegal, or breached their Code of Professional Conduct

• complaints regarding fees are reviewed by a Taxation Officer

Elaborate on the Complain Process

• sue for compensation or make a claim to the insurer who provides liability insurance for lawyers

• if lawyer stole funds, you can claim to the Assurance Fund for compensation

How should Business people prepare a Code of Conduct?

• make a commitment to ethical behaviour

• prepare their own Code of Conduct for business establishing ethical standards

• core ethical values