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latter, you could mention the situation involving the widely known brand of American Budweiser beerversus the locally famous European Budweiser brand.2.Ask students to play the role of small businesspersons and discuss some of the issues raised in thischapter: which business form to choose, how to attract business capital, how to enter into business, howto maintain control of a business, and so on, and the legal ramifications of the business decisions inthese areas.Cyberlaw LinkDoes the existence of the Internet make it easier, more difficult, or no different to be the owner of a small business?DISCUSSION QUESTIONS1.What are the roles that an attorney may fulfill in representing the interests of a client? An attorney may act as atroubleshooter, a drafter, a negotiator, or an advocate. As a troubleshooter, an attorney advises a client onsteps to take to avoid possible legal problems. As a drafter, an attorney writes contracts and other documents
76 INSTRUCTOR’S MANUAL TO ACCOMPANY BUSINESS LAW, ELEVENTH EDITIONfor clients. As a negotiator, an attorney persuades, argues, or settles with another party on a client’s behalf. Asan advocate, an attorney presents a client’s position in court.2.How does a potential client find an attorney? A potential client may consult friends, relatives, local or statebar associations, a professional directory, or the telephone directory. What is the relationship between an attorneyand his or her client? An attorney and a client sign an agreement outlining services and fees. The client mustdisclose all relevant information to the attorney, so that the attorney can determine the best course of action.The attorney must keep the information confidential—the attorney-client privilege prevents a court and othergovernment bodies from compelling disclosure. Only the client can waive the privilege. If a nonessential thirdparty (not a spouse, for instance, or a secretary) is privy to disclosure, however, the privilege cannot beasserted.3.What are factors to consider in deciding whether to engage in a lawsuit? Factors to consider before filing a law-suit include whether the law provides a remedy, whether the litigant can expect to prevail, whether the ex-pected benefit will compensate for expenses and other costs, including any business lost as a result of the suitand accompanying negative publicity. The law provides remedies for only certain conduct. The likelihood ofprevailing depends on applicable law, the outcomes of similar cases, the evidence, and defenses. A defendant