Lawyers' Ethics and Professional Regulation, 4th Edition

This text is a comprehensive discussion of the professional responsibilities of lawyers in Canada. The book addresses issues related to the "law of ethics and lawyering" and provides tools for assisting students and practitioners in exercising the moral judgment which underlies all ethical decisions by lawyers. Case law and case studies are used to illustrate points and suggest solutions to problems that lawyers typically face during their day-to-day practice.

Features

• Includes thought-provoking fact-based "scenarios" designed to engage and encourage the reader to think through the implications and possible outcomes if they themselves were (or are ever placed) in a similar situation
• Draws on the expertise of twelve scholars in the Canadian legal ethics field
• Contains notes and questions for students
• Suggested further reading to assist readers in learning more about each topic

What’s New In This Edition

• The Lawyer-Client Relationship
  • Incorporation of problems addressing issues raised by lawyer marketing during the COVID pandemic and using social media
  • Incorporating updated case law and materials related to the lawyers’ duty of competence in the context of Indigenous clients and the legal system, criminal law, domestic violence, and Trans clients and law
  • Expanded discussion of ethical issues related to lawyers’ mental health, including new discussion related to lawyer wellbeing
• The Lawyer’s Duty to Preserve Client Confidences
  • Updated explanation of the differences between solicitor-client privilege and the lawyer’s duty of confidentiality
  • New discussion of solicitor-client privilege and confidentiality in the context of law society investigations
• The Duty of Loyalty and Conflicts of Interest
  • New analysis of access to justice exceptions to the code of conduct provisions related to former-client conflicts of interest
• Ethics in Advocacy
  • Expanded analysis of the role of the advocate in light of issues related to access to justice, non-adversarial advocacy, the role of lawyers in the residential school litigation, and societal concerns regarding equality, diversity and inclusion
  • New analysis of the duties of lawyers as advocates where litigation includes e-hearings or electronic documents
• Government Lawyers
  • New consideration of the ethical duties of government lawyers in the context of implementing the Truth and Reconciliation Commission’s Report
  • New consideration of the duties of lawyers when providing advice to Parliament on the constitutionality of proposed legislation
• In-House Counsel and Their Unique Considerations
  • New chapter on the ethical duties of in-house counsel, including materials, analysis and problems related to the unique ethical challenges and specific ethical responsibilities of lawyers employed by their client
• Challenges for Lawyer Regulation
  • Reorganized and expanded chapters on the regulation of lawyers, including analysis and problems related to regulation of legal education, sexual harassment, lawyers’ fees, family law practice, diversity, equality and inclusion, compliance-based regulation, alternative business structures and technological competence
  • Discussion of access to justice issues specific to Indigenous people
• Judicial Ethics
  • Incorporation of the substantially revised Ethical Principles for Judges released by the Canadian Judicial Council in 2021, including critiques and analysis

See the full list of What’s New In The 4th Edition

Who Should Read This Book

• Law students taking courses in lawyers' ethics and professional responsibility
• Paralegal students taking courses in this area
• Lawyers who need a teaching tool for continuing legal education courses in lawyers' ethics comparing regulations and policy matters across most provinces
• Law libraries needing a Canadian reference on lawyers' ethics and professional regulation suitable for practitioners
• Law firms as a reference for articling students

Contributors
Basil Alexander (Faculty of Law, University of New Brunswick)
Jamie Baxter (Schulich School of Law, Dalhousie University)
Adam Dodek (Faculty of Law, University of Ottawa)
Trevor C.W. Farrow (Osgoode Hall Law School, York University)
Pooja Parmar (Faculty of Law, University of Victoria)
Stephen G.A. Pitel (Faculty of Law, Western University)
Amy Salyzyn (Faculty of Law, University of Ottawa)
Noel Semple (Faculty of Law, University of Windsor)
David Tanovich (Faculty of Law, University of Windsor)