Information provided If ask about chance been caught If the information is out there ok to provide – If not not competent to answer the question – Negotiation General view Negotiation is all about lying Reason if 2 parties are non-lawyers, expected they will be lying / bluffing – if lawyers are subject to diff rules discourage ppl from using them – lawyers lie source actual lies statement of position blur distinction btw statement of fact vs position – fact intends to convey truth – position made in course of advancing an argument – lawyer often quoted in media, could be statement of either but tend to be – interpreted as statement of fact improving perception strength rules of professionalism to deal w/ lying – public statements aim to reflect that its statement of position and not fact – put focus of statement back on client negotiation regulate like Alberta Code – balance the duty of obligation to lawyers, public interest n need for fair process Regulation – Support Alberta Code of Conduct – 6.02(2)- lawyer must not lie to / mislead another lawyer If prevented by of confidentiality – Can refuse to answer If that is misleading seek consent to disclosure – Misleading creating misconception thru oral, written, other comm, actions/ conduct, – failure to act / silence 6.02(5) lawyer must immediately correct resulting misapprehension subject to confidentiality – If correction requires disclosure of confidential info seek consent – If refused- obliged to withdraw Inaccurate rep not limited to misrep that be actionable in law – Better for public impression of lawyer Law Society of Upper Ca v Sussman Refusal to follow court order Fact Court order Mother gets custody on weekdays n father on weekends Sussman counselled client to breach the terms of court order respecting access – Advise client to deny access to children Husband reports to law society Analysis Yes Professional misconduct? Sussman was intend to do sth to get the order varied – Court never done anything explanation not convincing – – Limited circumstances where counsel can offer advice to refuse to follow court order Obligation of lawyer n client Trust the efficacy of court system and follow court order
Information provided If ask about chance been caught If the information is out there – ok to provide If not – not competent to answer the question Negotiation General view Negotiation is all about lying Reason – if 2 parties are non-lawyers, expected they will be lying / bluffing if lawyers are subject to diff rules – discourage ppl from using them lawyers lie source actual lies statement of position – blur distinction btw statement of fact vs position fact – intends to convey truth position – made in course of advancing an argument lawyer – often quoted in media, could be statement of either but tend to be interpreted as statement of fact improving perception strength rules of professionalism – to deal w/ lying public statements – aim to reflect that its statement of position and not fact put focus of statement back on client negotiation – regulate like Alberta Code balance the duty of obligation to lawyers, public interest n need for fair process – Regulation Support Alberta Code of Conduct – 6.02(2)- lawyer must not lie to / mislead another lawyer If prevented by of confidentiality – Can refuse to answer If that is misleading – seek consent to disclosure Misleading – creating misconception thru oral, written, other comm, actions/ conduct, failure to act / silence 6.02(5) – lawyer must immediately correct resulting misapprehension subject to confidentiality If correction requires disclosure of confidential info – seek consent If refused- obliged to withdraw Inaccurate rep – not limited to misrep that be actionable in law Better for public impression of lawyer Law Society of Upper Ca v Sussman Refusal to follow court order Fact Court order Mother gets custody on weekdays n father on weekends Sussman – counselled client to breach the terms of court order respecting access Advise client to deny access to children Husband reports to law society Analysis Professional misconduct? Yes Sussman – was intend to do sth to get the order varied Court – never done anything – explanation not convincing Limited circumstances where counsel can offer advice to refuse to follow court order Obligation of lawyer n client Trust the efficacy of court system and follow court order
Benedet_Law_468_-_Ethics_&_Professionalism_Winter_2013_Jennifer_Tseng.docx