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Published byBrett Ramsey Modified over 9 years ago
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Copyright © 2008 Pearson Education Canada1-1 Chapter 1: Managing Your Legal Affairs
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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
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Copyright © 2008 Pearson Education Canada1-3 Role of Lawyer Provides relevant legal advice Client is decision maker Lawyer bound to follow client’s instructions
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Copyright © 2008 Pearson Education Canada1-4 Question for Discussion What experience have you had with the legal system? How did you feel about it?
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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
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Copyright © 2008 Pearson Education Canada1-6 When to Represent Yourself Obtaining legal information On-line sources Understanding the information Type of issue at stake
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Copyright © 2008 Pearson Education Canada1-7 How to Find a Good Lawyer Yellow pages Referrals Provincial Law Society/Canadian Bar Association Legal referral services
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Copyright © 2008 Pearson Education Canada1-8 Legal Aid Eligibility varies from province to province Financial guidelines Subject matter guidelines Duty counsel
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Copyright © 2008 Pearson Education Canada1-9 Billing Fixed fee Hourly rate Contingency fee Disbursements Retainer
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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?
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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
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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
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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
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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?
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