Deck 1: Managing Your Legal Affairs

Question 1

Having a good lawyer on your team is

A) usually too expensive to be worthwhile.
B) only necessary for large companies.
C) a good alternative to becoming a sophisticated client.
D) a legal requirement prior to incorporating a business.
E) a critical component of being a sophisticated client.

Answer 1

E

Question 2

When searching online for legal information, it is best to

A) trust that if it is published online, it must be accurate.
B) never trust the information found on a website.
C) use American sources, as they tend to be more comprehensive than Canadian ones.
D) gauge the accuracy of the information by the look of the website.
E) seek input from a lawyer when answers cannot be readily found.

Answer 2

E

Question 3

For sophisticated clients, the availability of an abundance of legal information online is

A) a negative development, because online information is rarely accurate or helpful.
B) a positive development, because it means that they will no longer need to retain lawyers as part of their team.
C) a negative development, because accessing this information tends to be more costly than retaining a lawyer.
D) a positive development, because it provides greater access to information they can use as part of their decision-making process.
E) a neutral development, because lawyers are still the only ones able to access this information.

Answer 3

D

Question 4

A lawyer referral service

A) will enable a businessperson to retain a lawyer without need for an initial consultation.
B) is an online fee-based service providing guaranteed results.
C) regulates the legal profession in the interest of the public.
D) provides the names and phone numbers of lawyers who practice in a particular area of law.
E) is also known as "Legal Aid".

Question 5

Sophisticated clients

A) do not require the services of a lawyer.
B) understand the importance of the solicitor-client relationship.
C) distrust and deride lawyers.
D) is someone with formal legal training.
E) should represent themselves, rather than paying for legal services.

Question 6

The primary purpose of an initial consultation with a lawyer is

A) to arrange payment of the lawyer's fees up front.
B) to develop strategies for dealing with the legal situation in question.
C) for the prospective client to decide whether to retain the lawyer.
D) for the prospective lawyer to help mediate the current dispute.
E) to discuss the availability of Legal Aid.

Question 7

A provincial law society

A) is a self-governing body for lawyers.
B) has as its mandate the provision of free legal services in the public interest.
C) operates primarily to offer low-cost legal advice to members.
D) operates primarily to enhance the commercial interests of its members.
E) is a self-governing body for businesspeople seeking legal advice.

Question 8

Which of the following best describes the role of the lawyer?

A) The lawyer makes the legal decisions for the client.
B) The lawyer is simply one of the experts the businessperson consults.
C) The client must follow the lawyer's instructions, as long as they are lawful.
D) The client makes decisions regarding civil matters; the lawyer makes decisions regarding criminal matters.
E) The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters.

Question 9

In the context of a sophisticated client, "sophisticated" can best be defined as

A) complicated, self-reliant, and cosmopolitan.
B) refined and cultured.
C) simple and naïve.
D) confident, knowledgeable, and up to date.
E) aggressive, dynamic, and forceful.

Question 10

One reason for a lack of respect for lawyers is that

A) many people do not understand the role of the lawyer in the solicitor-client relationship.
B) lawyers are not bound by a code of professional conduct.
C) lawyers who breach their duties are generally not subject to any punishment.
D) lawyers are rarely able to provide information or advice relevant to business matters.
E) the cost of legal advice generally outweighs its benefit.

Question 11

Raman is a sophisticated client. This means that she

A) understands how to manage a lawyer-client relationship.
B) has a law degree.
C) is a small business owner.
D) manages her legal affairs without assistance from a lawyer.
E) will probably never find herself in a situation necessitating legal advice.

Question 12

The Canadian Bar Association is

A) the national society for legal aid services.
B) a professional organization that represents judges and lawyers.
C) focused on enhancing public safety in the liquor distribution industry.
D) an organization responsible for reviewing lawyers' accounts.
E) a disciplinary body for members of the legal profession.

Question 13

Which of the following best describes the likelihood of a student becoming involved in a situation necessitating legal advice?

A) A student, or someone close to a student, sometimes becomes involved in such a situation.
B) A student, or someone close to the student, will always become involved in such a situation.
C) Because students are not business people, they never become involved in such situations.
D) Because students cannot be sophisticated, they will often become involved in such situations.
E) Legal advice is not available to students.

Question 14

The decision to enter into the lawyer-client relationship should be

A) made quickly to ensure that no one else can retain your lawyer.
B) solely up to the lawyer, as he or she is the one with the legal training.
C) made primarily on the basis of cost.
D) a mutual decision made primarily on the basis of trust.
E) solely up the client, as the client is the one paying for the services.

Question 15

The role of the lawyer is to

A) provide legal advice relevant to the client's situation, which the client is free to ignore.
B) provide legal advice relevant to the client's situation, which the client has no choice but to follow.
C) tell clients what they must do.
D) tell clients what they must not do.
E) delay the client's decision-making process.

Question 16

Sophisticated clients

A) do not need to retain a lawyer.
B) know that it is better to hire a lawyer than to conduct research on one's own.
C) are willing to pay for legal advice at any cost.
D) tend to be embarrassed to request legal advice.
E) have the skill and confidence to find basic legal information.

Question 17

When someone refers you to a particular lawyer, you should

A) retain the lawyer regardless of who gave you the referral.
B) gauge the referral on the basis of the level of trust you have for the person making the referral.
C) retain the lawyer regardless of their area of practice.
D) ensure the referral is from a family member rather than a mere friend.
E) ignore the referral as irrelevant.

Question 18

Becoming a sophisticated client will

A) ensure that a business person never needs a lawyer.
B) help a business person manage her legal affairs more efficiently and effectively.
C) result in a business person developing a bias against lawyers.
D) relieve a business person from having to conduct legal research.
E) protect a business person from needing legal advice.

Question 19

Which of the following statements best describes solicitor-client privilege?

A) The lawyer makes the legal decisions for the client.
B) The lawyer is the only expert a client should consult.
C) The lawyer must follow the client's instructions, even if they are illegal in nature.
D) It is the duty of the lawyer to keep the information provided by the client confidential.
E) The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters.

Question 20

Which of the following is not a good reason for a business person to seek advice from a lawyer?

A) The businessperson cannot find the necessary legal information.
B) The businessperson cannot understand the necessary legal information.
C) The necessary legal information is available online.
D) It would take too long for the businessperson to find the necessary legal information.
E) The businessperson is facing criminal charges.

Question 21

Which of the following statements regarding retainers is False?

A) Before commencing work on a matter for a new client, a lawyer usually requests that a retainer be paid.
B) Provincial law societies typically restrict the use of retainers to personal injury or product liability cases.
C) A retainer is deposited into a trust account to the credit of the client.
D) The lawyer may require the client to "top up" the retainer as funds are withdrawn from the trust account to pay legal bills.
E) A retainer helps ensure that lawyers will be paid for their legal services.

Question 22

Which of the following statements regarding provincial law societies is False?

A) Provincial law societies may restrict the use of contingency fee agreements.
B) Provincial law societies may set maximum contingency fees for certain types of cases.
C) Provincial law societies may offer a fee mediation service.
D) Provincial law societies provide online information on lawyers' fees.
E) Provincial law societies provide free legal services to people in need.

Question 23

Which of the following statements regarding duty counsel is accurate?

A) Duty counsel can provide limited assistance in certain court matters.
B) Duty counsel are available to assist in a wide range of business law issues.
C) There is an advantage to using duty counsel rather than retaining one's own lawyer.
D) Duty counsel typically take on your entire case and represent you at trial.
E) There is a lengthy application process to obtain duty counsel.

Question 24

Duty counsel are

A) lawyers who assist individuals in court who are not represented by a lawyer.
B) non-lawyers who provide advice to those in financial need.
C) legal assistants who offer legal services at rates significantly lower than those charged by lawyers.
D) retired lawyers and judges who volunteer through legal aid societies.
E) law students who are fulfilling requirements established by a provincial law society.

Question 25

A client who is unable to resolve a fee dispute with a lawyer can have the lawyer's bill reviewed by a court official. These court officials have the power to

A) impose fines on either the client or the lawyer.
B) order that a lawyer be taken into custody.
C) leave the bill unchanged or decide that the bill is too high and reduce it accordingly.
D) require that the client and lawyer attend fee mediation.
E) authorize compensation to be paid by the provincial law society.

Question 26

If you collect money as a result of a settlement or judgment obtained through the assistance of legal aid, you will

A) probably have to repay some or all of the legal aid benefits you received.
B) probably be ineligible to enforce the settlement or judgment if the debtor refuses to pay.
C) probably be able to keep the full amount of the settlement of judgment.
D) be required to turn the amount of the settlement or judgment over to legal aid.
E) be required to turn the amount of the settlement or judgment over to the court.

Question 27

Provincial law societies

A) exist primarily to assist clients with complaints concerning fees.
B) provide compensation to clients who are unhappy with legal services.
C) guarantee success in litigation matters.
D) among other things, deal with complaints regarding a lawyer's conduct.
E) are non-profit law firms offering a range of legal services.

Question 28

Which of the following is not an advantage to maintaining an ongoing relationship with your lawyer?

A) The lawyer will know and understand you and your business.
B) The lawyer will be able to provide legal advice more efficiently, thereby reducing your legal costs.
C) The lawyer will be able to customize legal advice so it will be even more useful to you.
D) The lawyer will automatically track your business activities so that he or she can provide constant advice and guidance.
E) The lawyer will be motivated to do even more for the client.

Question 29

Which of the following statements is true?

A) It is a popular misconception that legal services can be very costly.
B) Some people don't retain lawyers even when they need them because they are afraid of the cost.
C) All legal matters are billed to clients on an hourly basis.
D) It is considered unprofessional to raise the issue of fees during a consultation with a lawyer.
E) Lawyers should always be retained, regardless of the cost.

Question 30

Contingency fee agreements

A) are typically used for real estate purchases, the drafting of wills, and incorporations.
B) are not subject to any restrictions.
C) are synonymous with retainer agreements.
D) may result in a lawyer not receiving any legal fees for the work done on a file.
E) must be prepared for all lawyer-client relationships.

Question 31

A small business owner

A) is wise to obtain legal aid for business matters rather than having to incur legal costs.
B) is automatically entitled to legal aid assistance.
C) is usually not able to receive legal aid with respect to the type of legal issues involving the business.
D) should always use duty counsel rather than having to retain a lawyer.
E) should retain duty counsel to draft contracts outlining legal duties.

Question 32

Typically, lawyers bill their fees on the basis of which of the following?

A) A fixed fee, an hourly rate, or a contingency fee
B) A fixed fee, a pro rata distribution, or a contingency fee
C) A stipend, a pro rate distribution, or an hourly rate
D) A stipend, an hourly rate, or a contingency fee
E) A fixed fee, a stipend, or a pro rata distribution

Question 33

Duty counsel are typically available

A) for small claims and real estate disputes.
B) in superior court bankruptcy matters.
C) for commercial litigation.
D) in criminal courts, family courts, or immigration hearings.
E) to review and draft a variety of contracts.

Question 34

Legal aid is

A) universally available, regardless of subject matter or financial need.
B) available to anyone who can demonstrate financial need, regardless of subject matter.
C) available exclusively for criminal law issues, subject to demonstrated financial need.
D) only available for business law issues.
E) available subject to substantive and financial eligibility requirements.

Question 35

A retainer

A) works to secure the release of an arrested person.
B) refers to the costs incurred by a lawyer on a client's behalf.
C) is the amount a lawyer will receive when charging based on a contingency fee agreement.
D) works as a deposit.
E) is the amount a client must pay that is in addition to regular legal fees and disbursements.

Question 36

If you have a complaint about the fees being charged by your lawyer

A) you should not discuss your concerns with your lawyer directly.
B) you can have your bill reviewed by a court official.
C) you must participate in a fee mediation service.
D) your provincial law society represents your only course of action.
E) you should begin by commencing a court action.

Question 37

Legal fees

A) are always calculated in a single, specified way.
B) should not be discussed with a lawyer until a bill has been prepared.
C) are typically negligible.
D) should be discussed during the initial consultation with the lawyer.
E) are rarely the subject of confusion or misunderstanding.

Question 38

Fee mediation

A) is compulsory whenever a client raises a concern about a lawyer's bill.
B) is offered by every provincial law society as the primary means of dispute resolution for complaints regarding lawyers' fees.
C) involves a review of a lawyer's bill by a court official.
D) involves a judge who determines whether or not a lawyer's bill is reasonable.
E) involves a neutral mediator who tries to facilitate a mutually acceptable resolution of a dispute over fees charged by a lawyer.

Question 39

When setting up a small business, the best approach to follow is to assume that after the business has been set up and commences operating,

A) the lawyer you chose to assist you in the start-up of the business will continue to represent you.
B) the lawyer you chose to assist you in the start-up of the business will refer you to a different lawyer.
C) a lawyer will no longer be required.
D) you will not need legal advice, as long as you are a sophisticated client.
E) the lawyer you chose to assist you in the start-up of the business will provide free legal services for the duration of the business's operation.

Question 40

Which of the following statements is most accurate?

A) If you have a legal problem and cannot afford a lawyer, you may be eligible for legal aid.
B) If you have a legal problem and cannot afford a lawyer, one will be provided for you.
C) If you qualify for legal aid, you will automatically be exempt from all legal costs.
D) Everyone qualifies for legal aid.
E) Everyone can afford a lawyer.

Question 41

In making business decisions involving legal issues, sophisticated clients will tend to complete some research of the relevant law on their own.

Question 42

A provincial law society's complaint-resolution process usually begins with

A) an attempt at mediating the dispute between the client and the lawyer.
B) a review of the complaint by a court official.
C) a formal investigation.
D) a hearing before a panel.
E) oral submissions by legal counsel.

Question 43

The Canadian "Code of Professional Conduct" for business people

A) establishes the professional and ethical obligations of businesspeople.
B) was created by the provincial business society.
C) has been used to prosecute a number of high-profile cases.
D) is the same as the lawyers' code of conduct.
E) does not exist.

Question 44

Sophisticated clients who are starting a business should

A) make a commitment to ethical behaviour and prepare a statement of values.
B) only concern themselves with ethical behaviour that is required by law.
C) consult a lawyer about how to engage in unethical behaviour undetected.
D) refrain from reporting illegal or unethical behaviour.
E) opt not to prepare a code of conduct because of potential liability exposure in the event of a breach.

Question 45

In the lawyer-client relationship, the decision-maker is the lawyer, not the client.

Question 46

It is always wise to retain legal counsel when you are facing criminal charges.

Question 47

Solicitor-client privilege refers to the lawyer making all the decisions for the client.

Question 48

Which of the following does not represent a core ethical value identified by the Josephson Institute for Ethics?

A) Respect
B) Fairness
C) Courage
D) Caring
E) Citizenship

Question 49

The time and cost to be incurred by hiring a lawyer is irrelevant. It is always worthwhile to get legal advice from a lawyer.

Question 50

Complaints made to the provincial law society regarding a lawyer's conduct may result in a hearing. This hearing

A) results in compensation being paid to the client who made the complaint.
B) involves the testimony of witnesses and the entering of other evidence.
C) is held in the absence of legal counsel.
D) is held before a superior court judge.
E) can result in a finding of misconduct, although the law society does not have the power to impose penalties.

Question 51

Lawyers' rules of professional conduct

A) are recommended guidelines only.
B) will, if breached, automatically result in a lawyer facing criminal charges.
C) establish professional and ethical obligations of lawyers.
D) are established by the Canadian Bar Association.
E) are generally not taken seriously by members of the legal profession.

Question 52

A sophisticated client knows how to form and use the solicitor-client relationship to facilitate making good business decisions.

Question 53

Which of the following statements best describes the difference between law and ethics?

A) Ethics tells us what we must do; law tells us what we should do.
B) Law tells us what we must do; ethics tells us what we should do.
C) Law and ethics are interchangeable.
D) If people act unethically, they have broken the law.
E) People need not worry about acting legally, as long as they act ethically.

Question 54

You can enhance the success of your business by

A) personally adopting core values and incorporating them into a code of conduct for the business.
B) incorporating core values into a code of conduct, regardless of whether or not you adopt those values personally.
C) relying on the Canadian Code of Professional Conduct for Businesspeople.
D) retaining a lawyer who is willing to engage in unethical conduct on your behalf.
E) not seeking legal advice in cases where your conduct may be questionable, as you will then be bound by the lawyer's code of professional conduct.

Question 55

Sophisticated clients never conduct legal research on their own, but always seek advice from a lawyer.

Question 56

If you cannot resolve a fee dispute with your lawyer, you could

A) have your bill reviewed by the appropriate court official.
B) refuse payment on ethical grounds.
C) refuse payment on legal grounds.
D) sue your lawyer for non-payment.
E) make a formal complaint to the bar association.

Question 57

According to the Josephson Institute for Ethics, the core ethical value of trustworthiness has as its supporting ethical principles

A) respect, autonomy, courtesy, self-determination.
B) justice, fairness, impartiality, equity.
C) caring, kindness, compassion.
D) citizenship, philanthropy, voting.
E) truthfulness, sincerity, candor, integrity, promise keeping, loyalty, honesty.

Question 58

If a law society panel finds a lawyer guilty of misconduct, the penalty could include all of the following except

A) a fine.
B) a suspension.
C) disbarment.
D) incarceration.
E) costs of the hearing.

Question 59

Generally, good business decisions cannot be made without consideration of the appropriate laws.

Question 60

If you believe that you have suffered a financial loss because of your lawyer's misconduct

A) you should wait as long as possible before you proceed.
B) you should have the matter reviewed by a taxation or assessment officer.
C) you may be compensated by the bar association at the end of their investigation.
D) you may need to seek legal advice from another lawyer.
E) you will automatically be awarded compensation by the provincial law society at the end of their hearing.

Question 61

The solicitor-client privilege refers to the duty of the lawyer to keep the information provided by the client confidential.

Question 62

Clients who believe that they have suffered financial loss due to their lawyer's misconduct should not procrastinate as limitation periods will exist.

Question 63

It is more advantageous to retain your own lawyer than to simply use duty counsel.

Question 64

If a complaint regarding a lawyer's conduct cannot otherwise be resolved, and the law society decides the complaint is valid, then the lawyer will face automatic disbarment.

Question 65

A retainer is the amount a client must pay to a lawyer over and above regular legal fees.

Question 66

Provincial law societies may restrict the use of contingency fee agreements.

Question 67

In 2005, Canada was ranked number one in the world on a list of countries perceived to be free of corruption.

Question 68

What term can be used to describe someone who understands the role of a lawyer, when and how to retain one, and how to manage the lawyer-client relationship?

Question 69

A complaint made to the provincial law society about a lawyer's conduct does not result in compensation being paid to the client who made the complaint.

Question 70

Core ethical values, and their supporting ethical principles, should be used as the basis for a business code of conduct.

Question 71

Sophisticated clients understand that success depends on good business decisions, and good business decisions depend on appropriate information (including legal information).

Question 72

Compliance with a code of ethics in an organization is unrelated to whether or not top management practices ethical behaviour.

Question 73

Ethical behaviour implies integrity, honesty, and professionalism.

Question 74

Given the growing complexity of the law and the consequence that more lawyers specialize, a business person might have multiple lawyers.

Question 75

When making significant business decisions, when should business people consult their lawyers?

Question 76

There is sufficient information in the Yellow Pages to help a person decide whether a particular lawyer would be appropriate.

Question 77

A code of professional conduct is needed because the vast majority of lawyers are unethical.

Question 78

Small business owners are usually able to receive legal aid with respect to the legal issues involving the business.

Question 79

Most provinces set a minimum contingency fee for family law cases.

Question 80

In the lawyer-client relationship, who is the decision-maker?