Podcast
Questions and Answers
Which of the following is NOT a typical example of a legal fee that a client might be required to pay?
Which of the following is NOT a typical example of a legal fee that a client might be required to pay?
- Long-distance telephone charges
- Court filing fees
- Expert witness fees
- Cost of travel to a conference (correct)
What is the purpose of a retainer in the context of lawyer-client relationships?
What is the purpose of a retainer in the context of lawyer-client relationships?
- It is a written document that guarantees a specific outcome in a legal case.
- It is an agreement between the lawyer and client outlining the terms of their relationship, including fees and responsibilities.
- It is a payment for legal services that is paid upfront, regardless of whether the lawyer actually completes the work.
- It is a deposit held in a trust account to cover legal expenses as they are incurred. (correct)
Which of the following situations best exemplifies an unethical behavior by a lawyer?
Which of the following situations best exemplifies an unethical behavior by a lawyer?
- A lawyer negotiating a favorable settlement for a client, even if it means accepting a smaller amount than originally sought.
- A lawyer charging a client a higher hourly rate than what was initially agreed upon.
- A lawyer disclosing confidential information about a client to a third party without the client's consent. (correct)
- A lawyer refusing to take on a client's case because of a conflict of interest.
Which of the following statements regarding legal aid is TRUE?
Which of the following statements regarding legal aid is TRUE?
What type of law is primarily concerned with the rights and rules that govern individual and societal behavior?
What type of law is primarily concerned with the rights and rules that govern individual and societal behavior?
In which category of law would you find the rules governing the process of a criminal trial, such as the procedures for collecting evidence and presenting arguments?
In which category of law would you find the rules governing the process of a criminal trial, such as the procedures for collecting evidence and presenting arguments?
A lawyer is obligated to maintain confidentiality regarding information shared by a client. Which of the following principles does this obligation uphold?
A lawyer is obligated to maintain confidentiality regarding information shared by a client. Which of the following principles does this obligation uphold?
Which scenario BEST describes a situation where a client might be considered "sophisticated" in the legal context?
Which scenario BEST describes a situation where a client might be considered "sophisticated" in the legal context?
What is the primary advantage of negotiation as a dispute resolution mechanism?
What is the primary advantage of negotiation as a dispute resolution mechanism?
In mediation, what is the role of the mediator?
In mediation, what is the role of the mediator?
Which statement about arbitration is true?
Which statement about arbitration is true?
What distinguishes civil matters from criminal proceedings?
What distinguishes civil matters from criminal proceedings?
Why might negotiation not always be effective in resolving disputes?
Why might negotiation not always be effective in resolving disputes?
What is a potential drawback of mediation?
What is a potential drawback of mediation?
What characteristic makes arbitration a preferred choice for some parties?
What characteristic makes arbitration a preferred choice for some parties?
Which of the following best describes the balance of probabilities in civil matters?
Which of the following best describes the balance of probabilities in civil matters?
What characterizes a sophisticated client?
What characterizes a sophisticated client?
Which statement best describes the role of a lawyer in relation to the client?
Which statement best describes the role of a lawyer in relation to the client?
What is meant by solicitor-client privilege?
What is meant by solicitor-client privilege?
Which type of fee arrangement requires the lawyer to receive a percentage of the client's collection?
Which type of fee arrangement requires the lawyer to receive a percentage of the client's collection?
Which legal fee arrangement typically does NOT involve advanced payments from the client?
Which legal fee arrangement typically does NOT involve advanced payments from the client?
How should a sophisticated client approach dealing with dissatisfaction with a lawyer?
How should a sophisticated client approach dealing with dissatisfaction with a lawyer?
Which of the following is a responsibility of the client in the lawyer-client relationship?
Which of the following is a responsibility of the client in the lawyer-client relationship?
Why is ethical behavior important for clients in legal matters?
Why is ethical behavior important for clients in legal matters?
Flashcards
Negotiation
Negotiation
Decision making is left to the disputing parties to find a solution themselves.
Mediation
Mediation
A neutral third party assists parties to resolve their dispute voluntarily.
Arbitration
Arbitration
Parties agree on a third party to make a binding decision on their dispute.
Civil Matters
Civil Matters
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Criminal Proceedings
Criminal Proceedings
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Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)
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Binding Decision
Binding Decision
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Balance of Probabilities
Balance of Probabilities
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Sophisticated Clients
Sophisticated Clients
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Role of Client
Role of Client
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Solicitor-Client Privilege
Solicitor-Client Privilege
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Fixed Fee
Fixed Fee
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Hourly Rate
Hourly Rate
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Contingency Fee
Contingency Fee
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Disbursements
Disbursements
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Understanding Legal Fees
Understanding Legal Fees
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Retainer
Retainer
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Ethics
Ethics
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Legal Aid
Legal Aid
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Substantive Law
Substantive Law
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Procedural Law
Procedural Law
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Public Law
Public Law
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Private Law
Private Law
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Professional Conduct Codes
Professional Conduct Codes
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Study Notes
Chapter Quiz 1, 2, and 3
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Sophisticated Clients: Confident, knowledgeable about legal trends, and understand their rights. They know when to hire a lawyer and understand the costs.
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Role of Lawyer/Client: Client is the decision maker, not the lawyer. Lawyers must follow client's lawful instructions. Confidentiality (Solicitor-Client Privilege) is crucial. Clients must provide all relevant information needed.
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Legal Fees: Fixed fee is a predetermined fee for specific tasks (e.g., wills, house purchases). Hourly rates vary by lawyer experience. Contingency fees are a percentage of the client's recovery.
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Disbursements: Out-of-pocket costs incurred by lawyers for the client (e.g., court fees, couriers, expert fees). Retainer deposits are placed in trust accounts.
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Ethics: Ethical behavior in law practice is paramount, including honesty and integrity. Unethical behavior has consequences.
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Legal Aid: Assistance with legal problems available to certain individuals/situations. Criteria depends on province/territory.
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Chapter 2: Definition of Law/Categories of Law: Law is rules made by the government, enforceable in courts. Substantive Law defines behavior, Procedural Law outlines enforcement. Public Law governs relationships with government, Private Law governs personal/business relationships.
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Chapter 3: Alternative Dispute Mechanisms: Mediation uses third-party assistance to resolve conflicts; parties decide. Arbitration is a formal method where a third party makes binding decisions. Court systems are formal, adversarial, and costly for lawsuits.
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Civil vs. Criminal Matters: Civil cases involve private individuals, and proof is "balance of probabilities". Criminal cases involve government prosecution with a "beyond a reasonable doubt" standard. Courts are available for both.
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Remedies: General remedies (pain/suffering), Specific remedies (reimbursement), Punitive (punishment) are examples. Trials follow procedures such as plaintiff presenting case first, cross-examination, and both summaries.
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