BLAW 301 Midterm 1 Review
Retainer - ✔️✔️an amount of money a lawyer will request before starting work. The
retainer is held in trust for the client. As the lawyer does work for the client they will take
the money that would be billed to the client from the retainer stash and at the end of the
case the remaining money is returned to the client.
The need for a lawyer when starting a business - ✔️✔️Type of business, Buying a
business, understanding and complying with laws about business, physical location
(buying/selling property), Finances, Contracts, Intellectual Property, Taxes
When should you hire a lawyer? - ✔️✔️For srs matters, criminal matters, contested
family matters, non-routine business matters, or anything you don't understand
How do you find a good lawyer? - ✔️✔️Make a list, use sources like Yellow Pages ads
and the Law societys lawyer referral service (gives names and numbers), meet with a
lawyer and see if you trust their style, its not all about money
Role of the Lawyer - ✔️✔️Gives advice, options, consequences and opinions to client
Legal Aid Alberta - ✔️✔️Provides cost effective legal services for peeps in AB, they
can appoint lawyers to represent you, you may still need to pay, legal aid only covers
certain types of legal matters
Role of the Client - ✔️✔️Makes the final informed decision about the matter
Characteristics of a sophisticated client - ✔️✔️Knowledgeable, Confident in dealings,
able to research the law, provides complete and accurate info, able to understand
lawyers advice
Contingency Fee - ✔️✔️Lawyer payment method where the lawyer gets a % of the
judgement or settlement money from the client if they win the case, and if they lose they
get nothing
Fixed Fee - ✔️✔️Lawyer payment method where you pay a fixed fee regardless of time
involved, for ex. preparing a will or incorporating a business
Hourly Rate - ✔️✔️Lawyer payment method that depends on time spent with client,
rates vary depending on lawyers experience
, Percentage Rate (value added) - ✔️✔️Lawyer Payment Method where the client pays
a fixed fee plus a % based on the value of the matter, ex. probating an estate,
buying/selling a business
Disbursements - ✔️✔️Extra costs, out of pocket expenses the lawyer incurs when
handling a clients case, ex. postage, long distance charges, photocopying, medical
reports, court filing fees
Complaints - ✔️✔️1) Cant complain if you lose your case
2) Can complain to Law Society of Alberta if a lawyer breaches Code of Professional
Conduct
3)Complaints about lawyer fees is directed to taxation officer (court official)
Complaining doesnt mean money - ✔️✔️If you want money from your lawyer, you need
to sue them from their insurance company, or if a lawyer has stolen trust funds, you
complain to the Assurance Fund for compensation
What could be included in the code of conduct for Business people in a small business -
✔️✔️1) Standards for employee behavior
2) Proper use of corporate money/assets
3) Confidentiality of business/employee info
4)Fair dealing
5)Conflicts of interest
6)Process for reporting of illegal/unethical behavior
Common Law Legal System - ✔️✔️Body of Law evolved through judicial decisions
(judgement) of the courts, its based on precedent, its fair,consistent, and predictable
Law - ✔️✔️Law is the body of rules made by Parliament, Legislatures, Government
agencies, and the courts, and have binding legal force
Statute Law - ✔️✔️A formal written enactment of a legislative body whether federal,
provincial, or municipal
Common Law - ✔️✔️A body of law which derives and develops through judicial
decisions (judgements, caselaw, precedent)
Substantive Law - ✔️✔️The rules that govern behavior and sets limit on conduct
Procedural Law - ✔️✔️How rights and obligations are enforced
Public Law - ✔️✔️Regulates our relationship with the government
