Albert luk

aluk@sfu.ca
Office WMC2242
Office hour 11:30-12:20 Tuesday

Explain the meaning of sophisticated client

A sophisticated client is confident, knowledgeable, and very up to
date.
Understand the role of the lawyer and of the client.
Knows when to represent herself, when to hire a lawyer, and how to
hire a lawyer.
The cost associated with hiring a lawyer
What can be done if she is dissatisfied with the conduct of her
lawyer?
Good business decisions cannot be made without consideration of
the appropriate laws,
Describe the role of the lawyer
The better approach is to see the client as the decision maker.
The lawyer is simply one of the experts the businessperson consults
A lawyers advice to his client will not be of any value unless the
client has provided all relevant information to the lawyer.
Solicitor-client privilege refers to the duty of the lawyer to keep the
information provided by the client confidential.
Identify when to hire a lawyer and when to represent
yourself
The owner should consider the form of the business; the lawyer can
provide information and advice that will help the owner make
decisions appropriate for achieving his objectives.
The lawyer can determine the laws are relevant to the business and
provide advice, but the owner will not know the law properly.
Physical location- lease to be negotiated

Legal information is readily accessible.

In small claims court, most cases can represent yourself if the
litigation involves an amount of money less than the monetary
jurisdiction of small claims courts.
Better manage their legal affairs.
Good business decisions can be made only if they are based upon
appropriate information
Explain how to find a good lawyer
Make a list of lawyer
Get referral from a friend or relative
The provincial law society --- offer a lawyer referral service

CBA (Canadian Bar Association) represents judges and lawyers

The primary purpose of the initial consultation is for you to decide
whether to retain the lawyer (mutual trust is the key)
Ongoing relationship

Review how lawyers bill their clients

Cost
Help people determine whether to retain a lawyer
The issue of fees should be discussed during the initial consultation.
Each of the provincial law societies provides online information on
lawyers fee
Fixed fee (for special tasks: preparing a will, purchasing a
house, or incorporating a business)
Bill for all the time she spends working on his file, using her
hourly rate.
Receive a percentage of the amount the client collects, either
through a settlement or a court judgment (contingency fee
agreement)
PRODUCT LIABILITY CASE client has no money to pay the
lawyer at the very beginning.
Disbursements: clients pay the out of pocket cost incurred by
the lawyer on the clients behalf. (court fee, filing document,
long distance telephone charge..)
Retainer works as a deposit. The amount into a trust account.
Describe legal aid
Legal aid if you have a legal problem and cant afford a lawyer.
In BC, the Legal Service Society provides legal aid for low-income
people.
Not everyone qualify, even some who do qualify have to pay some
of the legal costs incurred.
Repay some or all of the benefit if you collect money as a result of a
settlement or judgments
Duty counsel is court lawyer who assist individuals who are not
represented by a lawyer. Consider as legal advice, but not legal
representative in BC.
Outline the procedure to follow to complain about your
lawyer
The law societies do not assist clients with complaints about the
fees being charged by their lawyers.
Client cannot solve the dispute, then the lawyer bill will be reviewed
by a court official
Law societies has a complaint resolution process
Client commences legal action against the lawyer, should not
procrastinate with respect to these matters, as limitation period may
exist.

Discuss the ethics of lawyers and of clients

Law: what we must do
Ethics : what we should do
When to complain about a lawyer is important
The professional and ethical obligations of lawyers are set out in
rules of professional conduct.
It is important to know what is meant by ethics and ethical behavior.
if the some rules are not complied with, the person breaking the
rules will be punished.
Ethical behavior therefore implies integrity, honesty, and
professionalism.
Ethics thus relates to issues of right and wrong, depend on a
persons conscience
For sophisticated clients to know:
Lawyer operates under strict rules governing their professional
and ethical obligations.
Some lawyer who unfortunately do not meet the standard of
the profession, therefore to understand the unacceptable
behavior and the steps that can be taken to against this.
It is necessary to be vigilant with respect to your lawyer, and
the appropriate action, on a timely basis.
Ethics of client
Businesspeople should act ethically

Describe a code of business conduct

Make a commitment to ethical behavior

Being a role model for employees.
Code of conduct: prepare, and communicate to employees, a
statement of values and principles of ethical conduct. Establish
norms and standards of expected behavior for employees and
directors.
The following issues should be included in a code of ethics:
Conflicts of interests
Protection and proper use of corporate assets and
opportunities
Confidentiality of corporate information
Fair dealing with the issuers security holders, customers,
suppliers, competitors, and employees.
Compliance with laws, rules, and regulations; and
The reporting of any illegal or unethical behaviour

Questions

10. Fixed fee, hourly and contingency fee. Hourly rate is the
commonly used.