Lecture1 - Lawsuit Last resort b\/c costly unpredictable time consuming and stressful Better to consult lawyer first Law Society Lawyers governing body

Lecture1 - Lawsuit Last resort b/c costly unpredictable...

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Lawsuit Last resort b/c costly, unpredictable, time consuming, and stressful Better to consult lawyer first Law Society Lawyer’s governing body Canadian Bar Association Most way people find lawyers is through referrals Good referral = positive outcome, not outraged by the bill There are time limits for taxing bills (ranges up to a year) Desirable to find lawyers who wish to keep you out of court Payment options Most common complaint from clients are that lawyers bill to much o Legitimate issues can be brought upon via Taxation Average hourly rates = 200-250 per hour o Something agreed upon between lawyer and client o Can be minimum increments where minimal amount prorated is something like 10 mins prorated etc. Fixed amount Contingency o Based on an outcome (% of remuneration + expenses incurred) o Losses result in no payments o Transfers a lot of the risk of losing to the lawyer Lawyer still expects out of pocket expenses however (win or lose, client still pays) o Loss incurred with contingency can still be costly for clients because they may still have to pay part of lawyer fees for winner o Contingency could be considered illegal in some cases b/c of the possibility of frivolous lawsuits (ex. Nothing to lose for client) may bias jury/judges to compensate more towards the winner may encourage lawyers to settle for unreasonable amounts b/c of the time requirements for a case sliding scales (ex. 20% out of court, 33% if goes to court) discourages this o Contingency is ethical in the sense that it allows impoverished people to sue/pursue litigation o
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  • Winter '12
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