B Law 201 Course Overview PDF

B Law 201 Course Overview Topic 1:​ Characteristics of a sophisticated client: -​ Knowledgeable (in basics of law) -​ Confident in dealing with lawyers (meet, talk, help, questions, answers, etc) -​ Able to research the law and find answers to basic legal questions by oneself -​...

B Law 201 Course Overview Topic 1:​ Characteristics of a sophisticated client: -​ Knowledgeable (in basics of law) -​ Confident in dealing with lawyers (meet, talk, help, questions, answers, etc) -​ Able to research the law and find answers to basic legal questions by oneself -​ Able to better assist the lawyer by providing complete and accurate information -​ Able to better understand any advice the lawyer provides Reasons to consult a lawyer in business: -​ Incorporating\ -​ Buying copyrights / patents -​ Buying/ renting properties -​ Privacy rights -​ Franchising -​ Hiring employees/ employee rights -​ Cybersecurity rights -​ Financing -​ Contracts -​ Tax -​ A/R Role of lawyer: gives advice, options, advises one's rights, potential consequences of options. May provide opinions (strength of case, likelihood of success). Lawyer follows client instructions Role of client: Client is in the driver's seat. Make informed decisions. Hire a lawyer for serious matters, actions in CQB, criminal law matters, anything you don't understand. Know your limitations. It is possible to successfully represent yourself in small claims without a lawyer When selecting a lawyer, consider: -​ Being honest about the case -​ Try to book an initial consultation (if applicable) -​ Online or through referral -​ Meet with numerous -​ Lawyer selected should be relevant to the field of law you are dealing with -​ Don't base solely on fees -​ More experienced lawyer means more expensive lawyer Legal aid AB may be an option, but based on substantive and financial eligibility. Typically deals with cases in criminal, family, child welfare, etc. Must be dirt broke with no job Fixed fees: regardless of time involved, flat rate. Ex: preparing a will Contingency fees: if client wins case and collects settlement, lawyer will receive a % of the amount. If a client loses, the lawyer will receive nothing. Ex: personal injury. Typically for strong cases only. Hourly rate: bills clients according to time spent. Rate varies with the experience of a lawyer. Client pays regardless of win/ loss. (A lawyer may be able to delegate some tasks to a less experienced lawyer to make the bill a bit cheaper for the client). % rate (value added): Client pays a fixed fee plus % based on value (probating an estate, incorporating a business. Larger estates or businesses will involve a larger fee). Disbursements: out of pocket expenses the lawyer incurs when handling your case (postage, long distance charges, photocopying, medical reports, court filing fees). Retainer: amount of money a lawyer will request before commencing work. The retainer is HELD IN TRUST for the client. As the lawyer does work for the client he will bill the client, and the amount owed will be paid from the retainer funds. Unused funds at the end will be given back to the client, or any unused funds if the lawyer is fired is also given back to the client. Funds may need to be topped up by clients. The only way to legally take out money from this account is to work and invoice the client (MUST present invoice, not doing so will result in misappropriation of funds which is highly illegal). Cannot complain about a lawyer just because you lost. Can only complain if you believe your lawyer has done something to breach code of conduct. These complaints can go to the Law Society of Alberta. (misappropriation of funds, lawyer is ghosting you, file documents late, does not show up for court, does not follow instructions). Breach of these can result in fines, suspension, and disbarment. Complaints regarding fees: client can have a lawyer's bill reviewed by a court official (Taxation officer). He will determine if charges are fair and adjust if necessary. Making a complaint under the complaints process will not result in compensation being paid to you. If the lawyer was negligent, you may have to sue for compensation, or make a claim to the insurer who provides liability insurance for lawyers in AB. All lawyers have professional liability insurance. If a lawyer has misappropriated/ stolen funds, make a claim to an assurance fund for compensation, lawyers in AB contribute to this fund as part of mandatory fees. What to include in a code of conduct for small business: 1.​ Standards for employee behaviour 2.​ Use of corporate money/ assists 3.​ Confidentiality of business/ employee info 4.​ Fair dealing 5.​ Conflicts of interest 6.​ Process for reporting of illegal/ ethical behavior  7.​ etc There is no code of professional conduct for business people. Topic 2: Sources of law Based on precedent: the body of law evolved through judicial decisions (judgements) of the court. Past events have set the standards for future cases. If the current/ future case is VERY similar to the past case, the outcome will most likely follow past case results. Fairness, consistency, predictability. Where we get common law: -​ Traditional english law -​ Supreme court of canada (SCC) -​ Provincial courts of appeal (ABCA)