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Business Law in Canada 12th Canadian Edition by Richard A. Yates Test bank

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Answer: Contingency fees are most often used in personal injury or product liability cases.
Diff: 2 Type: ES Page Ref: 10
Topic: Ch. 1 - How Lawyers Bill Their Clients
Skill: Applied
Objective: Chapter 1: 5. Review how lawyers bill their clients.
Bloom's Taxonomy: Knowledge
101) When should a client ideally first discuss the issue of fees with a lawyer?
Answer: Fees should be discussed during the initial consultation.
Diff: 1 Type: ES Page Ref: 9
Topic: Ch. 1 - How Lawyers Bill Their Clients
Skill: Applied
Objective: Chapter 1: 5. Review how lawyers bill their clients.
Bloom's Taxonomy: Knowledge
102) Is it more cost-effective to hire a senior lawyer with a high hourly rate or a junior lawyer
with a low hourly rate? Explain.
Answer: It depends. For example, if the senior lawyer is able to work more efficiently than the
junior lawyer, the overall fee might be lower for the senior lawyer.
Diff: 2 Type: ES Page Ref: 9
Topic: Ch. 1 - How Lawyers Bill Their Clients
Skill: Applied
Objective: Chapter 1: 5. Review how lawyers bill their clients.
Bloom's Taxonomy: Knowledge
103) How does a contingency fee agreement potentially benefit a client?
Answer: The client does not need to pay any legal fees unless and until a settlement or
judgment is recovered. Without contingency fee arrangements, some clients would not be able to
afford a lawyer at all.
Diff: 2 Type: ES Page Ref: 10
Topic: Ch. 1 - How Lawyers Bill Their Clients
Skill: Applied
Objective: Chapter 1: 5. Review how lawyers bill their clients.
Bloom's Taxonomy: Knowledge
104) What can you do if you cannot resolve a fee dispute with your lawyer?
Answer: You may be able to participate in a fee mediation service. If mediation is unsuccessful
or if mediation is not available, you can have your lawyer's bill reviewed by a court official.
Diff: 2 Type: ES Page Ref: 11
Topic: Ch. 1 - How to Complain About Your Lawyer
Skill: Applied
Objective: Chapter 1: 7. Outline the procedure to follow to complain about your lawyer.
Bloom's Taxonomy: Knowledge
30
© 2020 Pearson Canada Inc.
105) What should clients do if they believe they have suffered a financial loss because of their
lawyer's misconduct?
Answer: They should not procrastinate and may need to seek legal advice from another lawyer.
Diff: 2 Type: ES Page Ref: 11
Topic: Ch. 1 - How to Complain About Your Lawyer
Skill: Applied
Objective: Chapter 1: 7. Outline the procedure to follow to complain about your lawyer.
Bloom's Taxonomy: Knowledge
106) Outline the steps of the law society's typical complaint-resolution process.
Answer: There is usually an attempt at mediation which, if unsuccessful, is usually followed by
a formal investigation. This may result in a hearing before a panel. If the panel finds the lawyer
guilty of misconduct, the lawyer faces a number of possible penalties.
Diff: 3 Type: ES Page Ref: 11
Topic: Ch. 1 - How to Complain About Your Lawyer
Skill: Applied
Objective: Chapter 1: 7. Outline the procedure to follow to complain about your lawyer.
Bloom's Taxonomy: Knowledge
107) What is "duty counsel"?
Answer: Duty counsel refers to lawyers who assist individuals in court who are not represented
by a lawyer.
Diff: 3 Type: ES Page Ref: 10
Topic: Ch. 1 - Legal Aid
Skill: Applied
Objective: Chapter 1: 6. Describe legal aid.
Bloom's Taxonomy: Knowledge
108) Why should business owners not assume that legal aid will be available to them?
Answer: A business owner is usually not able to receive legal aid with respect to the legal
issues involving the business due to both substantive and financial eligibility requirements.
Diff: 1 Type: ES Page Ref: 10
Topic: Ch. 1 - Legal Aid
Skill: Applied
Objective: Chapter 1: 6. Describe legal aid.
Bloom's Taxonomy: Knowledge
109) What may occur if you collect money as the result of a settlement or judgment obtained
through assistance from legal aid?
Answer: You will probably have to repay some or all of the benefits received from legal aid.
Diff: 3 Type: ES Page Ref: 10
Topic: Ch. 1 - Legal Aid
Skill: Applied
Objective: Chapter 1: 6. Describe legal aid.
Bloom's Taxonomy: Knowledge
31
© 2020 Pearson Canada Inc.
110) What is disbarment?
Answer: Disbarment is termination of membership in the law society.
Diff: 2 Type: ES Page Ref: 11
Topic: Ch. 1 - How to Complain About Your Lawyer
Skill: Recall
Objective: Chapter 1: 7. Outline the procedure to follow to complain about your lawyer.
Bloom's Taxonomy: Knowledge
111) What penalties might lawyers who are found guilty of misconduct face?

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