Study guide for BLAW
1
Chapter 1
Managing Your Legal Affairs
Summary
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Explain the meaning of “sophisticated client”
Describe the role of the lawyer
Identify when to hire a lawyer and when to represent yourself
Explain how to find a good lawyer
Describe legal aid
Explain how lawyers bill their clients
Outline the procedure to follow to complain about your lawyer
Discuss the ethics of lawyers and of clients
Describe a code of business conduct
Discussion
EXPLAIN THE
MEANING OF
“SOPHISTICATED
CLIENT”
A “sophisticated client” understands the role of the lawyer, and their own role as client. This involves knowing when and how to hire a lawyer, the costs involved and what can be done if the lawyer is not meeting your expectations. Good business decisions can only be made with consideration of appropriate laws, whether the client is able to access that information for themselves, or through the services of a lawyer. A sophisticated client also understands the importance of evidence, and may change their practices, and those of the business in order to make sure the evidence is there in the event of a dispute.
DESCRIBE THE
ROLE OF THE
LAWYER
The client is the ultimate decision maker, but makes those decisions with the advice of a number of experts, of which the lawyer is one. If the business person deems other business factors to be of greater importance, he or she may choose to accept some legal risk, but it is an informed decision.
Lawyers are bound to follow the instructions of their clients.
IDENTIFY WHEN
The decision as to when to hire a lawyer starts when decisions need to be made as to how the business will be organized, whether it is to create to a new business or buy an existing one. It allows the business owner to minimize their risks and make sure they are in compliance with all laws. This would also apply to decisions about the premises, financing, existing or new contracts, intellectual property and
Chapter 1
Managing Your Legal Affairs
Summary
∞
∞
∞
∞
∞
∞
∞
∞
∞
Explain the meaning of “sophisticated client”
Describe the role of the lawyer
Identify when to hire a lawyer and when to represent yourself
Explain how to find a good lawyer
Describe legal aid
Explain how lawyers bill their clients
Outline the procedure to follow to complain about your lawyer
Discuss the ethics of lawyers and of clients
Describe a code of business conduct
Discussion
EXPLAIN THE
MEANING OF
“SOPHISTICATED
CLIENT”
A “sophisticated client” understands the role of the lawyer, and their own role as client. This involves knowing when and how to hire a lawyer, the costs involved and what can be done if the lawyer is not meeting your expectations. Good business decisions can only be made with consideration of appropriate laws, whether the client is able to access that information for themselves, or through the services of a lawyer. A sophisticated client also understands the importance of evidence, and may change their practices, and those of the business in order to make sure the evidence is there in the event of a dispute.
DESCRIBE THE
ROLE OF THE
LAWYER
The client is the ultimate decision maker, but makes those decisions with the advice of a number of experts, of which the lawyer is one. If the business person deems other business factors to be of greater importance, he or she may choose to accept some legal risk, but it is an informed decision.
Lawyers are bound to follow the instructions of their clients.
IDENTIFY WHEN
The decision as to when to hire a lawyer starts when decisions need to be made as to how the business will be organized, whether it is to create to a new business or buy an existing one. It allows the business owner to minimize their risks and make sure they are in compliance with all laws. This would also apply to decisions about the premises, financing, existing or new contracts, intellectual property and