Lawyer-Client Relationship in Business

Characteristics of a Sophisticated Client

• Knowledgeable in the basics of law
• Confident in dealing with lawyers through meetings, talks, questions, etc.
• Able to research the law and find answers to basic legal questions independently
• Able to better assist the lawyer by providing complete and accurate information
• Able to understand advice from a lawyer

Reasons to Consult a Lawyer in a Business

• Incorporating the business
• Buying copyrights or patents
• Buying or renting properties
• Protecting privacy rights
• Franchising
• Hiring employees and managing employee rights
• Cybersecurity rights
• Financing
• Contracts
• Tax matters
• Accounts receivable

Role of a Lawyer

• Gives advice and options
• Informs clients of their rights and potential consequences
• Provides opinions on the strength and likelihood of success of a case
• A lawyer must follow the client's instructions

Role of a Client

• The client is in charge
• They must make informed decisions
• It is important to hire a lawyer for serious matters, actions in CQB, criminal law matters, or anything you don't understand
• Know your limitations

Representing Yourself

• Representing yourself is possible in small claims without a lawyer

Selecting a Lawyer

• Consider being honest about the case
• Try to book an initial consultation online or through a referral if available
• Meet with numerous lawyers
• Select a lawyer with experience in the relevant field of law
• Do not base your decision solely on fees
• A more experienced lawyer means a more expensive lawyer

Legal Aid

• An option based on eligibility which is usually substantive and based on financial eligibility
• It typically deals with cases in criminal, family, and child welfare law
• Applicants must have no job

Lawyer Fees

• Fixed fees are regardless of time involved, a flat rate, prepping for example
• Contingency fees are where the lawyer receives a percentage of the amount if the client wins the case and collects a settlement like personal injury
• Hourly rates refers to the amount billed to clients according to time spent
• Percentage rates refers to clients paying a fixed fee plus a based on value which is added

Other Fees

• Disbursements are out-of-pocket expenses the lawyer incurs while handling the case
• A retainer os an amount of money a lawyer requests before commencing work
• The retainer is held in trust for the client and is only legally taken out via working and invoicing the client

Complaints

• It is not possible to complain if a lawyer has done something to breach the code of conduct
• Complaints can be filed to the Law Society of Alberta for misappropriation of funds or ghosting you etc.

Process of Complaints

• Breach of codes can lead to fines, suspension, and disbarment
• A client can have a lawyer's bill reviewed for fair charges by a court official
• If the lawyer was negligent, a client can sue for compensation or make a claim to the insurer who provides liability insurance
• A client can make a claim to an assurance fund for compensation if a lawyer stole funds

Code of Conduct for Small Business

• Standards for employee behavior
• Use of corporate money and assets
• Confidentiality of business and employee information
• Fair dealing
• Conflicts of interest
• A process for reporting illegal and ethical behavior

Sources of Law

• Sources of law derive from judicial decisions and judgments of the court
• Past events set the standards for future cases where fairness, consistency, and predictability all matter

Common Law

• Traditional English law
• Supreme Court of Canada (SCC)
• Provincial Courts of Appeal (ABCA) deals with appeals of decisions
• Provincial Superior Courts (ABKB) handle complex cases with higher monetary value
• Alberta Court of Justice (ABCJ) represents the lower-level court
• Administrative tribunals hold hearings and make decisions but aren't courts such as labour relations and worker's compensation boards

Definition of Law

• The body of rules made by parliament, legislatures, government agencies, and courts that has binding legal force

Kinds of Law

• Statute law: Formal written enactment of a legislative body regulating behaviour and setting limits on conduct
• Common law: A body of law deriving from judicial decisions
• Substantive law are rules that govern behaviour and set limits on conduct
• Procedural law: Enforcement of rights and obligations
• Public law: Regulates the connection between the government
• Private law: Regulates personal, social, and business relationships

Constitution

• The Constitution Act of 1867 made Canada a country with independence and government set up
• Sections 91 and 92 list powers of federal and provincial governments
• The Constitution Act of 1982 contains the Canadian Charter of Rights and Freedoms
• It details how to amend the constitution requiring the consent of ⅔ of provinces containing 50% of the population

Court Decisions

• The constitution includes case law on constitutional issues, and laws can be struck down if deemed ultra vires
• The federal system consists of 11 bodies that consist of federal and provincial powers
• Federal systems also have control over emergency situations

Charter of Rights

• The Canadian Charter of Rights and Freedom in 1982 which protects certain rights from governmental interference
• Prior to 1982, the Canadian Bill of Rights of 1960 which no longer exists
• Charter rights as of 1982, are entrenched in the constitution

Rights and Freedoms include

• Guarantee of rights and freedoms that are not absolute, and that are guaranteed but subject to reasonable limits
• Fundamental freedoms of conscience, religion, thought, belief, expression, opinion, peaceful assembly, and association
• Democratic rights such as the right to vote and hold office.

Canadian Human Rights

• Protects individual rights in the private sector and applies to federally regulated sectors like banks and the military
• The Alberta Human Rights Act applies to all sectors not federally regulated, and most issues are dealt with through that commission
• Primacy legislation protects Albertans against discrimination in protected areas on certain grounds
• Protected areas involve publications, notices, ads, goods, services, facilities, publications, notices, adds, goods, services facilities etc, with the summary of prohibited grounds ranging through race, gender, religion and more

Explore the characteristics of sophisticated clients and their interactions with lawyers. Understand when businesses should consult lawyers for incorporating, property, or employment matters. Learn about the roles of both lawyers and clients in legal processes and decision-making.