1. Copyright © 2008 Pearson Education Canada1-1 Chapter 1: Managing Your Legal Affairs

2. Copyright © 2008 Pearson Education Canada1-2 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

3. Copyright © 2008 Pearson Education Canada1-3 Role of Lawyer  Provides relevant legal advice  Client is decision maker  Lawyer bound to follow client’s instructions

4. Copyright © 2008 Pearson Education Canada1-4 Question for Discussion  What experience have you had with the legal system?  How did you feel about it?

5. Copyright © 2008 Pearson Education Canada1-5 When to Hire a Lawyer  New business, buying existing business  Compliance issues  Physical location  Financial issues  Contracts  Intellectual property

6. Copyright © 2008 Pearson Education Canada1-6 When to Represent Yourself  Obtaining legal information  On-line sources  Understanding the information  Type of issue at stake

7. Copyright © 2008 Pearson Education Canada1-7 How to Find a Good Lawyer  Yellow pages  Referrals  Provincial Law Society/Canadian Bar Association  Legal referral services

8. Copyright © 2008 Pearson Education Canada1-8 Legal Aid  Eligibility varies from province to province  Financial guidelines  Subject matter guidelines  Duty counsel

9. Copyright © 2008 Pearson Education Canada1-9 Billing  Fixed fee  Hourly rate  Contingency fee  Disbursements  Retainer

10. Copyright © 2008 Pearson Education Canada1-10 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?

11. Copyright © 2008 Pearson Education Canada1-11 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

12. Copyright © 2008 Pearson Education Canada1-12 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

13. Copyright © 2008 Pearson Education Canada1-13 Ethics of Clients  No code of conduct for business people  Businesses should establish their own code of conduct for the organization and their employees

14. Copyright © 2008 Pearson Education Canada1-14 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?