Chapter 1:
Introduction to
Law
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What Is Law?
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At a minimum, law consists of enforceable rules
governing relationships among persons and between
persons and society. (USA – legal realism: pragmatic)
Law is the body of rules that can be enforced by the
courts or other government agencies (Canada –legal
positivism – because of parliamentary sovereignty )
Definition is affected by:
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History
Theory
Legal System in Place
Social Realities
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Schools of
Jurisprudential Thought
 There
are several different “schools” of
law:
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Natural Law.
Positivist view.
Historical view.
Legal Realism view.
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The Natural Law School
 Assumes
that law, rights and ethics are
based on universal moral principals
inherent in nature discoverable through
the human reason.
 The oldest view of jurisprudence dating
back to Aristotle.
 The Declaration of Independence
assumes “the Laws of Nature.”
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The Positivist School
 Law
is the supreme will of the State that
applies only to the citizens of that nation at
that time.
 Law, and therefore rights and ethics, are
not universal. The morality of a law, or
whether the law is “bad or good”, is
irrelevant.
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The Historical School
 Emphasizes
the evolutionary process of
law.
 Concentrates on the origin and history of
the legal system.
 Law derives its legitimacy from the
principles and standards that have proved
historically workable.
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Legal Realism
 Jurisprudence
that holds law is not simply
a result of the written law, but a product of
the views of judicial decision makers, as
well as social, economic, and contextual
influences.
 Law is a tool to promote social justice.
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Becoming a Sophisticated Client
 Confident,
knowledgeable, up-to-date
 Understand the role of lawyer and client
 Understands the costs
 How to deal with dissatisfaction with
lawyer
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Role of Lawyer
 Provides
relevant legal advice
 Client is decision maker
 Lawyer bound to follow client’s instructions
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Question for Discussion
 What
experience have you had with the
legal system?
 How did you feel about it?
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When to Hire a Lawyer
 New
business, buying existing business
 Compliance issues
 Physical location
 Financial issues
 Contracts
 Intellectual property
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When to Represent Yourself
 Obtaining
legal information
 On-line sources
 Understanding the information
 Type of issue at stake
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How to Find a Good Lawyer
 Yellow
pages
 Referrals
 Provincial Law Society/Canadian Bar
Association
 Legal referral services
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Legal Aid
 Eligibility
varies from province to province
 Financial guidelines
 Subject matter guidelines
 Duty counsel
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Billing
 Fixed
fee
 Hourly rate
 Contingency fee
 Disbursements
 Retainer
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Question for Discussion
 Is
there a limit on contingency fees in your
jurisdiction?
 Do you agree with the concepts of limits?
 Is the limit in your jurisdiction too high or
too low?
 Should it change based on the risk of
success with the case?
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Complaints
 Provincial
law societies are self-governing
 Complaint resolution process varies
 Mediation services may be available
 Investigation, formal hearing if warranted
 Compensation requires additional civil
action
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Ethics of Lawyers
 Every
provincial law society has rules of
professional conduct
 Will prompt complaint and investigation if
not followed
 Ethical behaviour implies integrity, honesty
and professionalism
 Failure to observe ethical behaviour may
result in disbarment
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Ethics of Clients
 No
code of conduct for business people
 Businesses should establish their own
code of conduct for the organization and
their employees
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Question for Discussion
 Does
your business/employer have a
mission statement?
 Does your business/employer have a code
of conduct?
 Are these referred to and used in the daily
conduct of business?
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