CALE has provided the attached submission in response to Justice Canada’s consultation on judicial discipline process reform.
New Scholarship: ‘Gorilla exceptions’ and the ethically apathetic corporate lawyer
A new article on corporate finance lawyers by Steven Vaughan and Emma Oakley is now available here. See below for the abstract:
This paper draws on interviews with 57 corporate finance lawyers working from global law firms based in the City of London. Drawing on this data, we highlight common themes of taking deals at ‘face value’, being the lawyer-technician who uses the law to effect his client’s wishes, and not ‘pushing’ ethics. We suggest that there is an apathy – a lack of concern or interest – about ethics on the part of corporate lawyers. This apathy stems from various sources. It is linked to assumptions about the sorts of clients that large law firms are willing or not willing to act for, and assumptions about the ‘right sort of people’ the firm hires and retains; it is linked to strong notions of role morality; and it is founded on the classic legal ethics ‘standard conception’ principles of neutrality and non-accountability. Our data also highlights a lack of ethical infrastructures in large firms, and a lack of ethical leadership from law firm partners for the associates and trainees working for them.
Trinity Western University v. The Law Society of Upper Canada, 2016 ONCA 518
The Court of Appeal for Ontario has released a decision upholding the Law Society of Upper Canada’s decision not to accredit TWU’s proposed law school.
Access to Justice in Criminal Law
A new Slaw post up by Alice Woolley that discusses problems with A2J in the criminal law area and puts forward some proposed solutions.
Family Law ADR requires a higher ethical standard, Part II
A new post up by Deanne Sowter on her research relating to ethical and professionalism dilemmas within family law.
Groia v. The Law Society of Upper Canada
On June 14, 2016, the Ontario Court of Appeal released its decision in the above matter, dismissing Joseph Groia’s appeal relating to the Law Society Appeal Panel’s findings of professional misconduct against him in relation to his in-court conduct towards opposing counsel and finding, inter alia:
[241] The requirement of professionalism for lawyers, both inside and outside a courtroom, including zealous advocacy accompanied by courtesy, civility and good faith dealings, secures the nobility of the profession in which lawyers in this province are privileged to practise. The Appeal Panel concluded that this requirement was breached in this case. This conclusion, in my opinion, was both reasonable and correct.
For some commentary on this decision, see this article in the Toronto Star, and this blog post by CALE member Tom Harrison.
Suspended Edmonton lawyer puts Alberta legal system to the test
An article in the Edmonton Journal by Paula Simons about a case involving a suspended lawyer seeking to act as a legal agent.
Canada (Attorney General) v. Chambre des notaires du Québec
Today, the SCC released its decision in the above case wherein it held that the exception in the Income Tax Act allowing taxation authorities to demand accounting records from Quebec notaries and lawyers is both unreasonable and unconstitutional under s 8 of the Charter.
Legal Ethics: Disclosure, Ethics and Litigation Finance Loans
A story in Law Times this week that discusses a recent case raising issues of disclosure obligations and ethics surrounding litigation finance loans.
Apps and A2J: Mapping the Opportunities and Risks
A new Slaw post by Amy Salyzyn discusses the risks and opportunities in using legal technology to enhance access to justice.
Canadian Association for Legal Ethics / Association canadienne pour l’éthique juridique 