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Lost in Translation? Differing Perspectives on Legal Ethics
As a first post on legal ethics, it seems appropriate to ask “what exactly are we talking about”. The answer isn’t as simple as one might think given the number of different perspectives involved....
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I Gotta Tell Ya, It's Complicated! Candour Owed to Clients1
In R. v. Neil, Justice Binnie stated that the duty of candour was an aspect of the duty of loyalty. As Justice Binnie put it, an aspect of the duty of loyalty is a duty of candour with the client on...
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The Access to Clothing Crisis
Access to Clothing[1] is a complex issue that seems almost impossible to effectively address. Some consider it one of our most pressing issues[2]. The well-off continue to be able to afford appropriate...
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A Bright Line Rule of Limited Scope
A decade ago, the Supreme Court of Canada introduced a new conflicts rule into Canadian law. The rule was fashioned from the ABA Model Rules of Professional Conduct. This new “bright-line rule”...
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Utopia, Dystopia and Alternative Business Structures
I’ve spent a lot of time over recent months thinking about alternative business structures and how to think about regulatory liberalization. Except in very limited circumstances[1], only lawyers[2] can...
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Interesting Things Happening in a Small Country – Self-Regulation and...
It is easy to be sceptical, perhaps even cynical, about professional self-regulation whether for lawyers, doctors, accountants or other professions. A clear-eyed reading of history shows that...
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Being in Favour of Reform, Just Not Change
To a hammer, everything is a nail There is an old aphorism that “To a hammer, everything is a nail”. The aphorism reflects the centrality of perspective. Where you stand very much affects what you can...
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Professionalism and the “Fear of Walmart”: Would You Like Some Bananas With...
In 1983, the American Bar Association adopted the ABA Model Rules that are the basis for most of the current codes of conduct in the United States. The drafting body was known as the Kutak Commission....
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You Can’t Have It Both Ways
Either limit the regulatory monopoly or provide for the efficient and effective delivery of legal services for all legal problems Access to justice and legal services is a central challenge both for...
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Independence and Self-Regulation: I’m OK but I’m Not So Sure About You!
It is entirely human to fail to appreciate when one’s judgment is affected by a conflicting personal interest or duty. Our conflicts rules reflect this problem. Where there is a substantial risk of...
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A Different Take on ABS – Proponents and Opponents Both Miss the Point
The Lawyers Weekly recently included an article by Cristin Schmitz entitled Study sounds note of caution in ABS debate. Ms. Schmitz discusses a thoughtful paper by Nick Robinson who is a research...
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Too Much Information!
Discussions of legal ethics and protection of information often don’t distinguish between confidential information and privileged information. The seminal case of Macdonald Estate v. Martin[i] provides...
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Keeping Client Confidences and Acting With Commitment
“Lawyers must keep their clients’ confidences and act with commitment to serving and protecting their clients’ legitimate interests. Both of these duties are essential to the due administration of...
View ArticleFeedback Sought on Proposed New Audit Inquiry JPS
The Canadian Bar Association has undertaken an update of the Joint Policy Statement on Audit Inquiries (“JPS”), in collaboration with the Auditing and Assurance Standards Board. An auditor of an...
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Partnership Has Its Limitations
Perhaps because most law firms are partnerships, we don’t pay much attention to the practical implications of the partnership structure. This is understandable as there isn’t much of an alternative in...
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The Law Society Tribunal and Self-Regulation
Is the World as We Know it Coming to an End? Each year, the Law Society of Upper Canada has an awards ceremony at which very worthy lawyers and paralegals are honoured. Hearing about the contributions...
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Innovate or Be Innovated?
When the Chief Justice of Canada highlights global liberalization of legal services regulation, recognizes that our old monopolies are fading, says that the legal profession must embrace new ways of...
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Principle, Not Politics
The Law Society of Upper Canada ABS Working Group delivered an interim report to Convocation in September. In reading some of the subsequent comments, I was reminded of Nick Robinson’s thoughtful paper...
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Candid but Unsure
The principal duties owed to clients are well known: commitment, confidentiality, candour and competence.[i] Much has been written and debated about commitment and confidentiality. Their nature and...
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Boiling Frogs, Privilege and Professional Conduct
Forty years ago, the confidentiality rule now found in the Federation of Law Societies Model Code was first adopted in the CBA Code of Professional Conduct. The confidentiality rule makes passing...
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