Quebec lawyers’ disciplinary body under attack

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Quebec lawyers’ disciplinary body under attack

By Jan Ravensbergen, THE GAZETTE March 31, 2011 7:53 AM
 
MONTREAL – The Barreau du Québec is grappling with such a serious backlog in processing complaints and disciplinary procedures against its lawyer members that it doesn’t appear to have a firm grip on the average length of time it takes to resolve a disciplinary matter – which can often prove a years-long odyssey.

The Gazette has learned both the Office des professions and the Quebec ombudsman’s office have been probing and prodding the Barreau over its delays.

To read the entire article in the Gazette, click HERE

Jack King reprimanded by Law Society of Manitoba

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From the CBC website:

A Winnipeg lawyer has been given a reprimand after pleading guilty at a disciplinary hearing to all charges against him, including sexual harassment of a client, conflict of interest and failing to act with integrity.

Jack King appeared before the Law Society of Manitoba on Monday to face the charges in connection with attempting to pressure a man, Alexander Chapman, to have sex with his wife, Lori Douglas.

For the full story, click HERE.

Trillium Motor World Inc.

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Trillium Motor World Inc. v. General Motors of Canada Limited, 2011 ONSC 1300

The case involves a law firm (Cassels) that is alleged to have acted for two sides (the Government of Canada as well as the GM dealers) in the rationalization of GM’s operations in Canada. Strathy J certified the class, highlighting the concept of fiduciary duty owed by lawyers to members of the class per the Strother and Galombos cases.

For the decision, click Trillium Motor

Dispute Resolution and Professionalism at U of Ottawa

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At the University of Ottawa’s Faculty of Law, Common Law Section, students may elect to complete an option in various areas: (1) International Law; (2) Law and Technology; (3) Social Justice and (4) Environmental Law.

This month the University Senate approved the creation of a new option in Dispute Resolution and Professionalism.  Information on this option is available here http://www.commonlaw.uottawa.ca/en/programs/dispute-resolution-and-professionalism/dispute-resolution-and-professionalism.html

Kudos to professors Ellen Zweibel and Marina Pavlovic who were the driving forces behind the creation of this option.

Federation of Law Societies of Canada: Conflicts of Interest

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The Federation of Law Societies of Canada Advisory Commitee on Conflicts of Interest has posted its supplementary report on Conflicts of Interest.

It is available on the FLSC website by clicking HERE.

The introduction to the report explains:

Introduction

 1. The Advisory Committee on Conflicts of Interest (the “Committee”) was originally mandated to make recommendations to the Council of the Federation on a rule governing conflicts of interest. After studying the relevant law, considering the report of the Canadian Bar Association Task Force on Conflicts of Interest (the “CBA Task Force”), meeting with members of the CBA Task Force, and reviewing the draft rule in the Model Code of Professional Conduct, the Committee issued its final report in June 2010 (the “Final Report”).

 2. In August 2010, while voting on the Final Report by members of Council was underway, the Federation received a response to the Final Report from the Canadian Bar Association (the “CBA Response”). At the request of Council, the Committee was reconvened to consider the CBA Response, to conduct such consultations as the Committee saw fit and to report back to Council.

 3. This is the report of the Committee’s further  onsiderations, consultations and recommendations.

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.

Continue reading →

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