Category Archives: Ethics and Professionalism

Annalise Acorn: Jumping Ship: R v Cunningham and the Lawyer’s Right to Withdraw

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Annalise Acorn’s case comment on the Supreme Court’s decision in R v Cunningham on the lawyer’s right to withdraw came out recently.  From the introduction:

1  It has never been in the best traditions of the criminal bar to quit a client over money. Having gone on the record as counsel for an accused, the lawyer is, as a matter of professional dignity, expected to have sorted out financial matters with the client in advance, and it is seen as unseemly for the lawyer to abandon the client over non-payment. Some Canadian codes of conduct clearly prohibit the criminal defence lawyer from withdrawing due to non-payment of fees where withdrawal would potentially prejudice the client.1 Other codes make it clear that such withdrawal is frowned upon.2 Continue reading →

CJC review of Justice Robert Dewar

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From the Canadian Judicial Council website:

Canadian Judicial Council completes its review of complaints made against justice Robert Dewar

Ottawa, 9 November 2011 – The Canadian Judicial Council announced today the results of its review of complaints made against the Honourable Robert Dewar of the Manitoba Court of Queen’s Bench. The complaints focused on comments made by Justice Dewar after finding Mr Rhodes guilty of sexual assault and in the context of sentencing in the case of The Queen v. Rhodes.

The complaints against Justice Dewar were reviewed by the Honourable Neil C. Wittmann, Chief Justice of the Court of Queen’s Bench of Alberta and Vice-Chairperson of the Judicial Conduct Committee of Council.

For the full comments on the CJC website, click HERE or continue reading.  Continue reading →

Lawyers Regulating Lawyers?

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Lawyers regulating lawyers?

Written by: Alice Woolley and found at ABlawg.ca

Decision considered: Law Society of British Columbia v Laarakker Law Society of British Columbia Disciplinary Hearing Reports, September 21, 2011

Introduction

A disciplinary decision by the Law Society of British Columbia does not fall within the usual mandate of ABlawg. It is not an Alberta decision, nor even a judicial one, and has no direct precedential significance for Alberta lawyers or courts. The decision warrants comment, however, because the threat it creates to the legitimacy of lawyer self-regulation applies to all Canadian law societies. Specifically, the misdirection in regulatory energy reflected by the decision of the Law Society of British Columbia in this case is something to which all Canadian law societies have shown themselves to be susceptible.

For the full article, click HERE.

Regulatory Issues in a Global Context

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From The ABA Law Journal

Despite Globalization, Lawyers Find New Barriers to Practicing Abroad

Posted Nov 1, 2011 4:19 AM CST
By Anna Stolley Persky

For the full article, click HERE.

CHANGES ON THE WAY

The Ethics 20/20 Commission already has signaled its intention to recommend amendments to the ABA Model Rules of Professional Conduct that would make it easier for lawyers from foreign countries to practice in U.S. jurisdictions, at least temporarily.

At the same time, however, the commission has indicated that, while it is considering the possibility of recommending some form of law firm operating structure that would involve nonlawyers, it does not intend to recommend that outside investment in law firms be permitted. The commission was expected to issue an initial draft recommendation on alternative business structures before the end of this year.

Alice Woolley: “Rhetoric and Realities … “

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Alice Woolley, “Rhetoric and Realities: What Independence of the Bar Requires of Lawyer Regulation”

For the full paper available on SSRN, click HERE.

Abstract:

The Canadian legal profession is largely self-regulating. Provincial law societies governed by lawyers elected by their peers set the standards for admission to the profession and for ethical conduct, and investigate, prosecute and adjudicate allegations of professional misconduct by lawyers. Advocates for this regulatory structure rely on the concept of “independence of the bar,” the idea that lawyers must be free from any external interference with their representation of clients. Critics of the regulatory structure, meanwhile, argue that independence has a broader meaning than the advocates suppose and that, in any event, the self-regulatory structure of the Canadian profession is not necessary to ensure independence. Continue reading →

Ethics, judges and mediation

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Ethics, judges and mediation

By Cristin Schmitz

September 02 2011 issue, Lawyers Weekly

As part of a planned update of its ethical guidelines, the Canadian Judicial Council (CJC) is poised to examine the thorny questions of whether, when and how judges may appropriately do court-based mediation, The Lawyers Weekly has learned.

For the full story in the Lawyers Weekly, click HERE.