Lecture 1- Keller

6 Pages

Management and Organizational Studies
Course Code
Management and Organizational Studies 2275A/B
Cristin Keller

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Chapter 1: Managing Your Legal Affairs 3 people in relationship rd - Lawyer, client, and 3 party o Known as agency relationship  Lawyer is agent  Must act in best interest of client and only follow their instructions  Client is principle Becoming sophisticated clients • Confident – Not in awe of lawyers • Knowledgeable – Identify, not necessarily solve legal issues • Up-to-date – Internet • Understands the respective roles of the lawyer and the client (client must call the shots) • Knows when to represent themselves • Don’t represent yourself when you’re • starting a business, • when it’s a criminal matter • Knows how to locate and hire a suitable lawyer  Understands the various costs to be paid to a lawyer  Knows how to deal with dissatisfaction with a lawyer Empowerment 1. Becoming a sophisticated business person is empowering 2. Business decisions have serious consequences – Understand the importance of the situation – Consider appropriate laws – Importance of evidence means it is important to keep records The Role of the Lawyer (lawyer = agent) rd Agent = someone who acts on behalf of a principle (client) and deals with 3 parties on their behalf 1. Provides relevant legal advice – Advises and recommends 2. Client is the decision maker – Not the lawyer 3. Lawyer bound to follow client’s instructions (must follow instructions of client unless it is illegal or unethical) 4. Solicitor-Client Privilege – the principle that the agent must keep the clients info confidential - Lawyer can’t give out confidential info 3. Encourages frankness – Full story necessary to get the best result 4. Legally enforceable – Was the only “privileged communication” that is legally enforceable – Reporters now have limited privilege of sources, but can at times be jailed for contempt like clergy and others When to Hire a Lawyer (when risks are high) 1. New business, buying existing business a. Searches b. Agreements 2. Compliance issues a. Ignorance of the law is no excuse 3. Physical location a. Long term lease terms b. Purchase land and building 4. Financing of business – Shareholder loan, capital – Bank debt and security 5. Contracts – Employment, Supply 6. Intellectual property (Patents, copyrights… etc) – Patent agent 5. Criminal charge against business or officers 6. Also on sale of business When to Represent Yourself • Obtaining legal “information”, not advice • On-line sources • Understanding the information • Type of issue at stake – Criminal charges almost necessitate a lawyer • Noncomplex Small Claims Court action – If litigation involves any amount of money greater than the monetary jurisdiction of the small claims court then you need a lawyer a the trial will take place in a superior court How to Find the Right Lawyer • Referrals • Provincial Law Society ( self-governing body of lawyers who regulate the legal profession in the publics interest) – Legal referral services • Yellow pages / internet advertising • Meet with each lawyer on your list to find the most appropriate • Ongoing relationship (pick a lawyer who is good for you) – Once a lawyer is picked call for an initial consultation (see if you want to keep lawyer) Paralegals – someone who has legal training but is not officially a lawyer (did not go to law sc
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