lawyer, what to expect from the solicitor-client relationship, and what to do if dissatisfied with a
lawyer's conduct. A sophisticated client puts aside negative attitudes associated with lawyers and
seeks timely legal advice. Here, students would be expected to discuss the ways in which a
lawyer can help a business person make good business decisions.
Diff: 2 Type: ES Page Ref: 3
Topic: Ch. 1 - Becoming a Sophisticated Client
Skill: Applied
Objective: Chapter 1: 1. Explain the meaning of "sophisticated client."
Bloom's Taxonomy: Knowledge
122) Explain, using examples, what advice and information a lawyer can provide to a person
starting a business.
Answer: Here students are expected to provide a variety of examples, including with regard to
forms of business organization; purchase of another business or its assets; compliance with
relevant municipal, provincial, or federal laws; lease negotiations; review of financing
documents; review or preparation of other contracts; and advice regarding intellectual property
issues.
Diff: 1 Type: ES Page Ref: 4
Topic: Ch. 1 - The Role of the Lawyer
Skill: Applied
Objective: Chapter 1: 2. Examine the role of the lawyer.
Bloom's Taxonomy: Knowledge
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123) Explain how a business person would go about finding an appropriate lawyer, including a
discussion of what makes a lawyer appropriate for a particular client.
Answer: Here students should outline the search process, including suggesting sources of
names of potential lawyers (from advertisements, referrals, the law society, etc.), and setting up a
meeting for an initial consultation. Reference should be made to the importance of establishing
mutual trust as the foundation for the lawyer-client relationship. It is not enough for a lawyer to
be knowledgeable and successful. The lawyer must also practice in the relevant area and be
someone whom the businessperson feels they can trust.
Diff: 1 Type: ES Page Ref: 8
Topic: Ch. 1 - How to Find an Appropriate Lawyer
Skill: Recall
Objective: Chapter 1: 4. Explain how to find an appropriate lawyer.
Bloom's Taxonomy: Knowledge
124) Explain the different ways in which a lawyer may calculate the legal fees to charge a client
and provide examples of when each might be used.
Answer: There are three main ways that lawyers calculate their fees. First, a lawyer may charge
a fixed fee for the work required, regardless of the time spent. This is often used for specific
tasks, such as purchase or sale of real estate, preparation of a will, or an incorporation. Second,
the lawyer may bill on the basis of an hourly rate for time actually spent. This is very common
for business issues. Third, the lawyer may receive a percentage of the amount the client collects
through a settlement or judgment. This is often appropriate for personal injury claims or in
product liability cases.
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
125) Explain the concept of legal aid.
Answer: Legal aid is available in limited cases to assist those with legal problems who cannot
afford a lawyer. The provision for legal aid varies across the country and applicants may be
required to provide details as to financial and substantive eligibility requirements specific to their
own province. In any event, students ought to note that not everyone qualifies for legal aid, that
even those who qualify may have to pay some legal costs, and that benefits must be repaid in
some circumstances. Of particular relevance, a small business owner is usually not able to
receive legal aid with respect to the legal issues involving the business.
Diff: 2 Type: ES Page Ref: 10
Topic: Ch. 1 - Legal Aid
Skill: Applied
Objective: Chapter 1: 6. Describe legal aid.
Bloom's Taxonomy: Knowledge
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126) Outline the types of complaints a client may have about a lawyer and how the client should
proceed in each instance.
Answer: A client may have complaints regarding the fees charged by the lawyer. In this case,
the client could attempt to deal with the lawyer directly, may have access to a fee mediation
service, and can ultimately have the lawyer's bill reviewed by a court official. A client may have
complaints about a lawyer's conduct (other than related to fees). In this case, the client can go
through the law society's complaint resolution process. Finally, a client may have suffered
financial loss due to the lawyer's misconduct. In this case, the client should act quickly and may