Chapter 1 Notes.

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

Chapter 1: Introduction Sophisticated client  Understands the role of the lawyer, and client  Knows when to represent herself, when to hire a lawyer, and how to hire a lawyer  Costs associated with hiring a lawyer  What can be done if she is dissatisfied with the lawyer Role of the Lawyer  Lack of respect for lawyers because lack of understanding for solicitor-client relationship.  Client is the decision maker  An expert consultant to the businessperson  Client is free to ignore the advice although not recommended  Lawyer’s advice is not valuable unless client has disclosed all relevant information.  “Solicitor-client privilege” is the duty of the lawyer to keep all client info CONFIDENTIAL  quality of legal advice varies depending on completeness of info provided When to hire a lawyer?  Important business decisions that involve complications such as the ownership of the business, and type of business  Lawyers minimize potential risk and liability for when decide to buy an existing business  Signing documentation regarding liability  Drafting business contracts with internal employees and external parties  Issues regarding intellectual property (trademarks, coyrights)  Selling business When to represent yourself  Researching the law yourself  Find it online based on availability (not possible before)  A sophisticated client will do her own research to make a proper business decision if she can find her own necessary info  Consider time it takes to find relevant and complete legal info yourself online  For criminal charges, or possible criminal charges, ALWAYS counsel a lawyer  In a small claims court where you are being sued for damages, you can represent yourself  If the litigation involves an amount of money > than the monetary jurisdiction of the small claims court(fees that it costs for a lawyer in small claims) a layer should be hired Reducing risk  Sophisticated client knowwwws that success means making a good business decision, and having all the appropriate information How to find a good lawyer  “how to find an appropriate lawyer?”  provincial law society: self-governing bodies for lawyers who regulate the profession for public interest  Initial consultation: figure out cost and decide if you want to retain this lawyer, lawyer also makes this decision. TRUST.  Can you work with this lawyer?  Are you comfortable disclosing information?  Do you want the lawyer to negotiate on your behalf?  Will the client be honest?  Maintaining a long-term relationship reduces costs, and customization, as well as priority Legal aid  Eligible if you have a legal problem and cannot afford a lawyer  If does not meet financial guidleines for legal aid but meets other requirements they may be eligible for LEGAL ADVICE (anyone can obtain legal info by a toll-free telephone service)  Even if you qualify for legal aid, there may still be some costs involved: ie: if you win a case, you may need to repay all benefits from legal aid  Not all cases are covered by legal aid  Covered: most criminal, family matters, immigrations matters, mental health issues  Not Covered: speeding, parking, most provincial offences, uncontested fami
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