Professional Conduct For Lawyers And Judges

By Beverley G. Smith, Professor Emeritus

Faculty of Law, University of New Brunswick

TABLE OF CONTENTS

CHAPTER 1 - THE LAWYER AS A PROFESSIONAL
- Historical Perspective
- Integrity, Competence And Quality Of Service
- The Lawyer's Masters
- The Codes
- The Lawyer's Professional Duties
            - to the state
            - to the court
            - to the client
            - to the profession
            - to colleagues
            - to oneself
- Conflicts Of Duties - How Resolved

CHAPTER 2 - THE LAWYER-CLIENT RELATIONSHIP
- The Nature Of The Relationship
- The Utmost Good Faith
- Other Aspects Of The Relationship
- Declining The Relationship
- The Legal Basis
      Of The Lawyer-Client Relationship
- Standard Of Care; Competence
- Confidentiality
- Conflict Of Interest
- Outside Interests
- Sexual Conduct With Clients
            - the codes
- Fees
- Value Billing - Alternative Fee Arrangements
- Contingency Fees
- Terminating The Relationship

CHAPTER 3 - THE LAWYER AS SOLICITOR
- As Advisor
            - being candid
            - upholding the law
            - effecting compromise, settlement
            - non-legal matters
            - mistakes
            - don'ts
- Real Estate Transactions
- Wills
- Independent Legal Advice
- Communication
- Clients' Property
- Accounting To Clients - Money
- Immigration And Lobbying

CHAPTER 4 - THE LAWYER AND ADVERTISING,
            MARKETING
- Problems With The Traditional View
- Other Problems - The Charter
- Today's Position
- Other Advertising Perspectives
- Marketing

CHAPTER 5 - THE LAWYER AND THE MEDIA
- When Media Contact Is Permissible
- When Media Contact Is Desirable
- Other Code Provisions On Media Contact
- Particular Lawyer-Media Problems

CHAPTER 6 - THE LAWYER IN CIVIL PRE-TRIAL
- Civil Pre-Trial Defined
- Settlement
            - settlement conduct for the lawyer
            - authority to settle
            - summary on settlement - authority
- Witnesses
- Discovery
- The Pre-Trial Brief
- Dealing With The Other Side
- Other Pre-Trial Perspectives
- Alternative Dispute Resolution

CHAPTER 7 - THE LAWYER AT THE CIVIL TRIAL
- Duties To The Court
            - basic duties
            - the lawyer giving evidence
            - witnesses
            - client's directions
            - settlement
            - other items
- Contempt Of Court
- Witnesses
- Perjury
- Tactics
- Argument
- Withdrawal
            - what constitutes "good cause"
            - what is "notice appropriate in the circumstances"
            - the lawyer's duties upon withdrawal
            - duties of the successor lawyer
            - conflict of interest
            - court's rôle on lawyer's withdrawal
- Dealing With The Other Side
- Costs
- Fees In Civil Litigation
- Other Tribunals
- The Lawyer's Legal Liability

CHAPTER 8 - THE LAWYER AT THE CRIMINAL TRIAL
- The Crown Prosecutor
            - the codes
            - case law and other perspectives
            - conflict of interest
- The Defence Lawyer
            - the codes
            - case law and other perspectives
            - conflict of interest
- Plea Bargaining
- Perjury
- Contempt Of Court
- Withdrawal
            - case law and other perspectives
- The Jury

CHAPTER 9 - THE LAWYER AND COLLEAGUES
- Duties To Colleagues
- Discrimination
            - the codes
- Sexual Harassment
            - the codes
            - Undertakings
            - the codes
            - case law
            - summary
- Partnerships
- Lawyer-Spouses
            - optional conduct

CHAPTER 10 - THE LAWYER AS IN-HOUSE COUNSEL
- Who Is The Client?
- Professionalism And The In-House Lawyer
            - the fiduciary relationship
            - non-legal services
            - conflict of interest
            - knowing the employer-client
- Government Lawyers
- Dangers To The Employer-Client
- Dangers To The In-House Lawyer

CHAPTER 11 - THE LAWYER'S OTHER LIVES
- Conduct in non-legal activities while in practice
            - case law
- Conduct In Public Office
- Conduct In Private Life
            - case law

CHAPTER 12 - THE LAWYER AND THE LAW SOCIETY
- Who May Practise
- Law Students And Legal Assistants (Law Clerks)
            - case law perspectives
- Paralegals
- Disciplinary Powers
            - professional misconduct, conduct unbecoming, breach of etiquette
            - legislation
            - case law perspectives
- Other Law Society Functions

CHAPTER 13 - THE LAWYER IN LAWYER-CLIENT TRANSACTIONS
- Where No Professional Involvement
- Where There Is Professional Involvement
- The Codes
- Case Perspectives

CHAPTER 14 - THE LAWYER AS JUDGE
- Historical Perspectives
            - the Canadian perspective
- Appointment Of Judges In Canada
- Judges' Powers
            - the power to control court process
            - the power to decide
            - the power to change the common law
            - immunity from suit, proceedings
            - inherent powers respecting jurisdiction
- Judges' Duties
- Judges' Independence
            - constitutional entrenchment
            - perceived encroachments on independence
            - independence to speak out
- Judges' Conduct - Other
- Codes of Conduct
- Discipline, Canadian Judicial Council
            - provincial boards
- Judges, Biases