Author Archives: amysalyzyn

A Dodek: Solicitor-Client Privilege in Canada: Challenges for the 21st Century

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Adam Dodek’s paper for the Canadian Bar Association titled “Solicitor-Client Privilege in Canada: Challenges for the 21st Century” has just been posted online (February, 2011).  To access the full paper online, click HERE.

Executive Summary

The context for this Discussion Paper is the need to take stock of the state of Solicitor- Client Privilege in Canada in light of developments internationally and at home. There is no single court decision, government action or event that has precipitated the need for reflection but that should not be an invitation for complacency. The Supreme Court of Canada’s jurisprudence is consistent and predictable in strongly protecting Solicitor-Client Privilege (the Privilege). It generally aligns with the positions taken by the Canadian Bar Association (CBA) before the high court. However, the court’s jurisprudence does not provide an adequate framework for addressing the multitude of issues that currently exist and that are likely to arise regarding the Privilege.

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The Lawyer’s Responsibilty to Clients and Access to Justice

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University of Toronto Faculty of Law

“The Lawyer’s Responsibilty to Clients and Access to Justice” 

This “great debate” features two accomplished advocates staking out their position on the “cab rank” rule, under which a lawyer is obliged to take on the next client “in line at the queue,” irrespective of the lawyer’s view of the morality of the client or the client’s conduct. Faculty of Law event – Nov. 3, 2009

Chair: Robert Armstrong with Edward Greenspan Q.C. and Alan Hutchinson

To watch the video of the debate, click  HERE

Professionalism Lecture Series at the University of Ottawa

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University of Ottawa Faculty of Law

Professionalism Lecture Series at the University of Ottawa

In 2009, the Faculty launched a Professionalism Speakers Series with the support of the Law Foundation of Ontario.  In 2009 and 2010, the Treasurer of the Law Society of Upper Canada, Mr. Derry Millar, spoke on the subject of “Your Law Society: Professionalism in the Public Interest”.  In 2010, former Assistant Deputy Attorney General of Canada and the inaugural Public Servant in Residence, Elizabeth Sanderson spoke on “Women at Justice: An Inside View”.  Get Podcasts of all lectures!

J. Donald Mawhinney Lectureship in Professional Ethics

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University of British Columbia Faculty of Law

J. Donald Mawhinney Lectureship in Professional Ethics  

From the UBC Website:

The J. Donald Mawhinney Lectureship in Professional Ethics was established by donation in honour of J. Donald Mawhinney, Q.C., to recognize his outstanding contributions to British Columbia’s legal community, his commitment to legal education and his dedication to practicing with the very highest standard of professional ethics. 2006 was the inaugural J. Donald Mawhinney Lectureship in Professional Ethics. Each year the Faculty of Law will host an individual from the judiciary, the practice of law or academia to come to UBC as the J. Donald Mawhinney Lecturer. During the visit, the lecturer will present two lectures, one to students and one to members of the bar, the judiciary and the general public.

This lecture commemorates Mr. Mawhinney’s dedication to professional ethics and legal education, and recognizes those whose contributions enabled the Lectureship in Professional Ethics. A special thank you to family, friends and colleagues whose generous contributions have made this lecture possible.

Click HERE for a list of previous lecturers

F.B. Wickwire Memorial Lecture in Professional Responsibility and Legal Ethics

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Nova Scotia Barristers’ Society with Schulich School of Law, Dalhousie University

F.B. Wickwire Memorial Lecture in Professional Responsibility and Legal Ethics

Previous lectures:

2010: “Conflicts of Interest: The Good, the Bad and the Ugly“ at Schulich School of Law, Dalhousie University, co-sponsored by the Nova Scotia Barristers’ Society. This panel discussion featured the Hon. Joel Fichaud of the Nova Scotia Court of Appeal, Ms. C. Kristin Dangerfield of the Law Society of Manitoba, and Prof. Paul Paton of the McGeorge School of Law at the University of the Pacific, with Society President Marjorie Hickey QC as moderator. 

2009: “‘Doing Wrong’ to Do Right: Legal Ethics on the Margin”, Allan Hutchinson.

2008: “Executive Branch Lawyers in a Time of Terror”, Bradley Wendel.  SSRN link HERE

Centre for the Legal Profession: Program in Professionalism

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The Centre for the Legal Profession is hosting an ethics seminar series designed primarily for students, and junior lawyers: the Program in Professionalism.  Each interactive seminar features an outstanding role model from the legal community on a current professional or ethical issue with a 20 minute presentation, and time for Q&A.  The upcoming speakers in March are:

–       March 9: The Honourable Stephen Goudge, Court of Appeal for Ontario, on the topic of “The fundamental norms that guide us to be good professionals” (12.45pm to 1.45pm, UofT Faculty of Law, Room FA2) Continue reading →

NIFTEP: Workshop on Teaching Ethics

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APPLY BY FEBRUARY 21 FOR SPRING 2011 WORKSHOP ON TEACHING ETHICS 

The Spring 2011 workshop of the National Institute for Teaching Ethics and Professionalism (NIFTEP) will take place on Friday, April 29 – Sunday, May 1, 2011 at the University of St. Thomas Gainey Conference Center, one hour south of Minneapolis, MN.  Attendance at this highly participatory event is limited to invited speakers and to those selected to be Spring 2011 NIFTEP Fellows.  (Prior NIFTEP Fellows are welcome to apply for this workshop.)  Continue reading →

A Hutchinson: Is Eating People Wrong? Great Legal Cases and …

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A Hutchinson, Is Eating People Wrong? Great Legal Cases and How they Shaped the World

From the Cambridge University Press website:

Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States, and Australia that show the law as a living, breathing, and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges, and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing, and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy, but stimulating exercise in human judgment and social accomplishment.

For more information on the book and to order, click HERE.

R Graham: Legal Ethics: Theories, Cases and Professional Regulation

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The second edition of Randal Graham’s Legal Ethics: Theories, Cases and Professional Regulation is now available.

From the Emond Montgomery Publications website:

Overview

With a basic overview of the nature of ethical reasoning, the second edition of Legal Ethics: Theories, Cases, and Professional Regulation presents a thorough and clear discussion on ethical philosophy and related challenges faced by the legal profession. Author Randal Graham analyzes legal decisions in the context of tort, contract, criminal, and administrative law and uses this discussion as a backdrop for examining rules of professional conduct. Students will gain detailed knowledge of the Canadian Bar Association Code of Professional Conduct and provincial codes of conduct, Ontario’s Law Society Act, as well as key issues related to confidentiality, conflicts of interest, character and integrity requirements, self-regulation, and general regulatory theory.

For more information and to order a copy, click HERE.

A Dodek: Government Lawyers

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Adam Dodek, “Lawyering at the Intersection of Public Law and Legal Ethics: Government Lawyers as Custodians of the Rule of Law” (2010) 33 (1) Dalhousie Law Journal.

Abstract: Government lawyers are significant actors in the Canadian legal profession, yet they are largely ignored by regulators and by academic scholarship. The dominant view of lawyering fails to adequately capture the unique role of government lawyers. Government lawyers are different from other lawyers by virtue of their role in creating and upholding the rule of law. Continue reading →