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Recommended reading materials for understanding ethical behaviour for a lawyer?


Burrythelead

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I understand the basics from studying legal ethics but I am curious to find more nuanced and day to day examples of activities that lawyers should and should not engage in. We owe judges a duty not to critique them too harshly in public but how far does this extend? We shouldn't do anything that brings the profession into disrepute, what are some examples of disrepute? These sorts of questions. Anything that you can point me to so I can get a better grasp on these topics is appreciated. Thank you.

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Phaedrus
  • Lawyer

The Federation of Law Societies of Canada has a model code of professional conduct that's been largely adopted by many provinces. It's helpful, but I'm guessing by your question that it's more about the day-to-day application of legal/professional ethics than bright line-in-the-sand ethical boundaries. 

Codes of Conduct give a good sense of lines you can't cross (e.g., presenting evidence you know to be false), but they aren't terribly helpful in telling you how to exercise courtesy and candour while remaining a zealous advocate for your client. Situations come up, emotions flair, and keeping yourself in check at all times is part of your professional and personal life. 

I'd encourage you to visit your law society's tribunal webpage and skim the Notices and Decisions of Reprimand for professional misconduct. Here's the Law Society Tribunal for Ontario, for example. You'll find all sorts of conduct that brings the "profession into disrepute". 

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Depending on your area of practice and your provincial bar, there are often professionalism CPD sessions on ethical issues specific to that practice. I know for labour and employment in Ontario there are sessions on ethical issues in this area that involve frequent scenarios that may arise (i.e., dealing with self reps or if someone pulls out of a settlement).

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  • 2 weeks later...
Bob Jones
  • Lawyer
On 12/22/2021 at 1:27 AM, Burrythelead said:

I understand the basics from studying legal ethics but I am curious to find more nuanced and day to day examples of activities that lawyers should and should not engage in. We owe judges a duty not to critique them too harshly in public but how far does this extend? We shouldn't do anything that brings the profession into disrepute, what are some examples of disrepute? These sorts of questions. Anything that you can point me to so I can get a better grasp on these topics is appreciated. Thank you.

Don’t sleep with your clients. Don’t bully your clerks. Treat your colleagues (both within your firm and on the opposite side of a file) professionally and with respect. Be open to modest extensions from the other side on filing deadlines. Make sure to respond to your clients within a reasonable timeline, and if you have to get off the record, make sure you’ve given them ample warning and you have just cause for doing so. Oh and don’t steal from your clients. 
 

I think that covers the Rules in a nutshell. 
 

anything else you’ll learn on the fly. 

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Aureliuse
  • Lawyer

From the Advocates' Society:

https://www.advocates.ca/Upload/Files/PDF/Advocacy/InstituteforCivilityandProfessionalism/Principles_of_Civility_and_Professionalism_for_AdvocatesFeb28.pdf

Principles of Civility and Professionalism for Advocates.

The TL;DR version of being a courteous and respectful lawyer is:

"Be Nice and Play Nice with Everyone." "What goes around comes around." "People have long memories." "We all have bad files." "You need friends in practice." "People talk."

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