Chapter 1 - Managing Your Legal Affairs.docx

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

Chapter 1Managing Your Legal Affairs y A sophisticated clientunderstands the role of the lawyer and of the clientknows when to represent herself when to hire a lawyer and how to hire a lawyerunderstands the costs associated with hiring a lawyerknows what can be done if she is dissatisfied with the conduct of her lawyerunderstanding the importance of having a good lawyer on your team is a critical component of being a sophisticated client y Students learn that evidence can be tangible the bloody knife a piece of documentation the contract or simply eyewitness accounty Students learn that hearsay secondhand evidence is not admissible The Role of the Lawyer y Reasons for the general lack of respect for lawyers is that many people dont understand the lawyers role in the solicitorclient relationship y the approach should be seeing the client as the decisionmaker not the lawyer y The lawyer provides legal advice relevant to the clients situation The client is free to ignore the legal advice she receives y Lawyers are simply providers of advice Theyare hired by the client who provides them with instructions The lawyer is bound to follow these instructions provided that they are lawful y A lawyers advice to his client will not be of any value unless the client has provided all relevant information to the lawyer y Solicitorclient privilege refers to the duty of the lawyer to keep the information provided by the client confidential y Most lawyers will advise their clients about solicitorclient privilege and encourage their clients to disclose all relevant informationWhen to Hire a Lawyer startup and selling of a new businessy First owners should consider how he will organize his business sole proprietor partner incorporated The form is very significant with many implications liabilities income taxes estate planning Lawyer can provide info and advice for thisy If owner is buying an existing business lawyer can provide advice and info enabling owners to minimize potential risk and liability y Even when selling his business owners may need legal advice from his lawyer Should the sale involve assets or shares that the business owns
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