Have to go further need to determine applicant’s credibility – Convinced the sociology thesis was cheating Did not discharge onus of proof that he was not cheating Lawyer and Clients Power of Law Society Jabour Guardians of proper standard of professional and ethical conduct Intention of legislature give bencher very broad power – May prohibit any conduct that’s contrary to public/ profession’s best int – General to determine what conduct is acceptance in: Practise of law Members conduct Advertising Pre-charter Law society Jabour – Conduct unbecoming can include prohibition of commercial advertising – Can prohibit any conduct that’s contrary to public/ profession’s best interest Now - Code 4.2 Marketing activity must not be False/inaccurate / unverifiable Reasonably capable of misleading the recipient/ intended recipient Contrary to best int of public Only certain things can be put on ads Prob direct solicitation Merchant – Actually targeting individual by name – Approach them saying they might have a legal claim and u can help Concern Misleading, pressuring client Failure to disclose important information Impact on recipient Esp true in contingency fee arrangement May appear free but be substantial cost associated – Choice of Client Acceptable criteria to reject Competence - time, subject matter 3.1 Involves adequate knowledge of practise n procedures by such principles can be – effectively applied If proceeds but don’t believe cant be competent not honest with client – Conflict of interest May become witness of the case less common – Concern client wants to do illegal / unethical activity Rule UK- cab rank rule CA balance btw – Ensuring access to justice versus Personal values / circumstance so don’t want to act for client – Diff views on choice of clients 1. Moral non-accountability Task of judge to decide legal entitlement of parties Lawyer neutral agent w/ obligation to rep client int –
Have to go further – need to determine applicant’s credibility Convinced the sociology thesis was cheating Did not discharge onus of proof that he was not cheating Lawyer and Clients Power of Law Society Jabour Guardians of proper standard of professional and ethical conduct Intention of legislature – give bencher very broad power May prohibit any conduct – that’s contrary to public/ profession’s best int General to determine what conduct is acceptance in: Practise of law Members conduct Advertising Pre-charter Law society – Jabour Conduct unbecoming – can include prohibition of commercial advertising Can prohibit any conduct that’s contrary to public/ profession’s best interest Now - Code 4.2 Marketing activity must not be False/inaccurate / unverifiable Reasonably capable of misleading the recipient/ intended recipient Contrary to best int of public Only certain things can be put on ads Prob – direct solicitation Merchant Actually targeting individual by name – Approach them saying they might have a legal claim and u can help Concern Misleading, pressuring client Failure to disclose important information Impact on recipient Esp true in contingency fee arrangement May appear free – but be substantial cost associated Choice of Client Acceptable criteria to reject Competence - time, subject matter 3.1 Involves – adequate knowledge of practise n procedures by such principles can be effectively applied If proceeds – but don’t believe cant be competent not honest with client Conflict of interest May become witness of the case – less common Concern client wants to do illegal / unethical activity Rule UK- cab rank rule CA – balance btw Ensuring access to justice versus Personal values / circumstance – so don’t want to act for client Diff views on choice of clients 1. Moral non-accountability Task of judge to decide legal entitlement of parties Lawyer – neutral agent w/ obligation to rep client int
Benedet_Law_468_-_Ethics_&_Professionalism_Winter_2013_Jennifer_Tseng.docx