MOS 2275 Midterm 1 Notes (Mark: 95%)

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

MOS 2275 Notes Test 1 Chapter 1 Managing Your Legal Affairs Becoming a Sophisticated ClientSophisticated clients 1 Are confident not in awe of lawyers have proper documentation etc 2 Are knowledgeable able to identify not necessarily solve legal issues 3 Are uptodate 4 Understands the role of client and agent 5 Knows when to represent themselves 6 Knows how to locate and hire a suitable lawyer 7 Understands the costs associated 8 Knows how to deal with dissatisfactory lawyerBecoming a sophisticated client is empoweringbut business decisions can have serious consequences so make sure to 1 Consider appropriate laws 2 Keep proper records eg written contracts because evidence is important The Role of the LawyerIn a legal relationship you have the lawyer an agent the client the principle and a potential rd3 party which interacts with the client o The agent acts in the clients best interest and must follow their instructions provided they are lawfulthey are only in an advisory capacity o Solicitorclient privilege duty of the lawyer to keep their clients information confidential so the client can be represented to the lawyers full potentialWhen to hire a lawyer when you require legal advice not information o Making major business or personal decision that can expose you to major legal risk o Criminal charges or a civil claim that goes above the small claims court o Compliance ignorance is no excuse contracts etc How to Find the Right LawyerUse sources such as relevant referrals provincial law society yellow pages and the interneto Meet with each appropriate lawyer to see if a working relationship can be established o Keep an ongoing relationship especially important for businessesParalegals are employees of law firms that operate under the supervision of a lawyer no JD o Licensed by the Law Society and can sometimes represent clients in small claims court How Lawyers Bill Their ClientsFixed fee usually happens for specific tasks preparing a willHourly rate depends on the experiencesuccess of the lawyerContingency fee lawyer receives percentage of amount that the client receivesDisbursements outofpocket expenses charged to the clientRetainer deposit made into a trust account from which the lawyer is paid acts as an insurance policy and ensures the lawyer gets paid Legal AidMade for those who have a legal problem but cant afford a lawyer o Not everyone qualifies and some of those who do may have to partially pay o Not all types of cases are entitled to legal aid regardless of eligibilityDuty counsel court lawyers who assist individuals who arent represented by a lawyer o They can give advice and speak on your behalf for simple court matters o They will not take on your whole case or represent you at a trial How to Complain About Your LawyerFeeso Client must first discuss issue directly with the lawyer o If that doesnt work then some law societies provide fee mediation services o If mediation doesnt work client can have the bill reviewed by a court officialMisconducto Client must first discuss issue directly with the lawyer o Law societies provide mediation services to help with the process o The complaint could be reviewed by a court official at which point there could be a formal investigation and a hearingPenalties range from reprimands to disbarment Lawyers are required to have insurance for being sued for negligenceIf the client wants restitution they have to go to a civil court Ethics of LawyersEthics refers to the line between right and wrong not necessarily whats legal and illegalAll provincial law societies have mandates to govern the conduct of lawyers in the public interestboth professional and ethical obligations are set outThere isnt such a code for business people therefore the best approach is to make a commitment to ethical behaviour and be a role model for others o Prepare a code of conduct to communicate the importance of ethics to employees o Code of business conduct formal statement that sets out the values and standards for a company and establishes procedural and behavioural norms o Core ethical values trustworthiness respect responsibility fairness caring and citizenship
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