1-1 Chapter 1: Introduction to Law

1-2 What Is Law?  At a minimum, law consists of enforceable rules governing relationships among persons and between persons and society. (USA – legal realism: pragmatic)  Law is the body of rules that can be enforced by the courts or other government agencies (Canada –legal positivism – because of parliamentary sovereignty )  Definition is affected by: History History Theory Theory Legal System in Place Legal System in Place Social Realities Social Realities

1-3 Schools of Jurisprudential Thought  There are several different “schools” of law: Natural Law. Natural Law. Positivist view. Positivist view. Historical view. Historical view. Legal Realism view. Legal Realism view.

1-4 The Natural Law School  Assumes that law, rights and ethics are based on universal moral principals inherent in nature discoverable through the human reason.  The oldest view of jurisprudence dating back to Aristotle.  The Declaration of Independence assumes “the Laws of Nature.”

1-5 The Positivist School  Law is the supreme will of the State that applies only to the citizens of that nation at that time.  Law, and therefore rights and ethics, are not universal. The morality of a law, or whether the law is “bad or good”, is irrelevant.

1-6 The Historical School  Emphasizes the evolutionary process of law.  Concentrates on the origin and history of the legal system.  Law derives its legitimacy from the principles and standards that have proved historically workable.

1-7 Legal Realism  Jurisprudence that holds law is not simply a result of the written law, but a product of the views of judicial decision makers, as well as social, economic, and contextual influences.  Law is a tool to promote social justice.

1-8 Becoming a Sophisticated Client  Confident, knowledgeable, up-to-date  Understand the role of lawyer and client  Understands the costs  How to deal with dissatisfaction with lawyer

1-9 Role of Lawyer  Provides relevant legal advice  Client is decision maker  Lawyer bound to follow client’s instructions

1-10 Question for Discussion  What experience have you had with the legal system?  How did you feel about it?

1-11 When to Hire a Lawyer  New business, buying existing business  Compliance issues  Physical location  Financial issues  Contracts  Intellectual property

1-12 When to Represent Yourself  Obtaining legal information  On-line sources  Understanding the information  Type of issue at stake

1-13 How to Find a Good Lawyer  Yellow pages  Referrals  Provincial Law Society/Canadian Bar Association  Legal referral services

1-14 Legal Aid  Eligibility varies from province to province  Financial guidelines  Subject matter guidelines  Duty counsel

1-15 Billing  Fixed fee  Hourly rate  Contingency fee  Disbursements  Retainer

1-16 Question for Discussion  Is there a limit on contingency fees in your jurisdiction?  Do you agree with the concepts of limits?  Is the limit in your jurisdiction too high or too low?  Should it change based on the risk of success with the case?

1-17 Complaints  Provincial law societies are self-governing  Complaint resolution process varies  Mediation services may be available  Investigation, formal hearing if warranted  Compensation requires additional civil action

1-18 Ethics of Lawyers  Every provincial law society has rules of professional conduct  Will prompt complaint and investigation if not followed  Ethical behaviour implies integrity, honesty and professionalism  Failure to observe ethical behaviour may result in disbarment

1-19 Ethics of Clients  No code of conduct for business people  Businesses should establish their own code of conduct for the organization and their employees

1-20 Question for Discussion  Does your business/employer have a mission statement?  Does your business/employer have a code of conduct?  Are these referred to and used in the daily conduct of business?