BLAW 201 MIDTERM 1 QUESTIONS AND ANSWERS.

BLAW 201 MIDTERM 1 QUESTIONS AND ANSWERS
Characteristics of a sophisticated client (5) - CORRECT ANSWER✅✅- Knowledgeable

- Confident in dealing with one's lawyer

- Able to research the law and find answers to basic legal questions independently

- Able to better assist the lawyer by providing complete and accurate information

- Able to better understand any advice the lawyer provides



Role of the Lawyer - CORRECT ANSWER✅✅- Give advice, options, advise client of rights, and inform on
the potential consequences of options.

- Give professional opinions

- Follow client's instructions



Role of the Client - CORRECT ANSWER✅✅- Make informed decisions based on lawyer's advice



When can/should you self represent? - CORRECT ANSWER✅✅- Small Claims Court



When should you hire a lawyer? - CORRECT ANSWER✅✅- Serious matters

- Actions in Court of King's Bench

- Criminal Law

- Contested family law

- Non-routine business matters

- Anything you don't understand



When should you absolutely NOT self represent (6) - CORRECT ANSWER✅✅- Divorce

- Custody

- Estate Law (goes to CKB)

- Criminal Offense

- Any business matter

,- Wills



What is a good resource for finding a lawyer? - CORRECT ANSWER✅✅The Law Society of Alberta
Lawyer Directory



What are some criteria you should use for selecting a lawyer? - CORRECT ANSWER✅✅- Area of Practice
(ie. real estate, family law, criminal defense, etc.)

- Preferences (Language, gender, location, etc.)



What website explains Legal Aid Eligibility? - CORRECT ANSWER✅✅www.legalaid.ab.ca



What are the 4 ways lawyers charge fees? - CORRECT ANSWER✅✅- Fixed Fee

- Contingency Fee

- Hourly Rate

- Percentage Rate (value added)



Fixed Fee/Flat Rate - CORRECT ANSWER✅✅Charges x amount regardless of time involved.



What services are commonly charged by flat rate? - CORRECT ANSWER✅✅- Drafting a basic will

- Incorporating a small/simple business

- Probating a basic estate

- Maybe buying a house

- Simple services!



Contingency Fee - CORRECT ANSWER✅✅- Client pays nothing up front

- If the client is successful (wins case) and collects a judgment or settlement, the lawyer receives a % of
the amount.

- If the client loses, the lawyer receives nothing. Risky for the lawyer.

, What services are commonly charged under contingency fee? - CORRECT
ANSWER✅✅Accident/Personal injury law



Hourly Rate - CORRECT ANSWER✅✅- Most common way lawyers charge.

- Lawyer bills client according to time spent. Hourly rate depends on the experience of the lawyer. Client
pays no matter the outcome of the case.



What counts as time under hourly rate? - CORRECT ANSWER✅✅They do NOT charge for basic
administrative work, only for REAL LEGAL WORK

- Meetings with other lawyers, client, witnesses

- Phone calls

- Court time

- Negotiations

- Drafting documents



Percentage Rate (Value Added) - CORRECT ANSWER✅✅Client pays a fixed fee plus percentage based
on value.



Retainer - CORRECT ANSWER✅✅A deposit paid by a client to a lawyer before the lawyer commences
work on behalf of the client



What happens with retainer funds? - CORRECT ANSWER✅✅- They are held in a trust fund by the
lawyer, but the money still belongs to the client

- As the lawyer bills the client, they can remove money from the retainer to pay against their invoices.



How serious is handling retainer money for the lawyer? - CORRECT ANSWER✅✅- Misappropriation of
trust funds is a serious offence.

- Cannot even borrow and replace money.

- Could result in the lawyer being disbarred.