Chapter 1 Notes
Sophisticated Client: Understands the role of the lawyer and of the client.
Know when to represent themselves, when to hire a lawyer and how to hire a
Also know what to do if she if dissatisfied with her lawyers conduct.
SolicitorClient Privilege: refers to the duty of the lawyer to keep the information
provided by the client confidential.
Small Claim Court: claim limit of $25,000.
Duty Counsel: are court lawyers who assist individuals who are not represented by a
Three ways lawyers bill clients:
1. Fixed Fee
2. Hourly Rate
3. Percentage of the amount a client collects. (Contingency Agreement)
a. Wrongful death in motor vechile: One third
b. Personal injury or wrongful death cases: 40% percent limit.
Disbursements: Clients are required to pay the out of pocket incurred by the lawyer on
the clients behalf.
Retainer: Is a deposit some lawyers require for their services.
Unfair Bills: These can be looked at by a court official to see if the bill is fair.
In Ontario called “Assessment officer of the superior court of justice.
In B.C “Taxation officer of the court of queens branch”
Each of the societies has a complaint place. Chapter 2: Notes
Law: is the body of rules made by government that can be enforced by the courts or by
other government agencies.
Civil Code: a list of rules stated as broad principles of law that judges apply to the cases
that come before them.
Since the courts in a civil law jurisdiction are not required to follow each other’s
decisions, two very similar cases may be decided differently
Types Of Law:
Substantive Law: Establishes not only the rights an individual has in society but also the
limits on his or her conduct.
They look at similar cases in order to help determine the verdict.
In old common law days to decide something they used trial by battle, armed
combat, or trial by ordeal (physical test)
Stare Decisis: s system of justice where the judges were required to follow each others
In our legal system today a decision made by a judge is binding on all judges in
court at a lower level.
When a person asks a judge to apply equity, they are not asking for fairness, they are
asking for the rules of courts of chancery.
Rule of Law: recognizes that although parliament is supreme and can create any law
considered appropriate, citizens are protected by arbitrary actions by government
Canada’s Constitution: a rulebook the government must follow.