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Legal Profession Conduct.docx

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University of Waterloo
Legal Studies
LS 202
Frances Chapman

LS 102 LEGAL PROFESSION AND RULES OF CONDUCT JAN 17 Crown Attorney - Hired by the state - Burden of proof on the crown - Required to present all evidence even if against their own argument (view that it benefits society) - Get info from police - Protect the public interest - Must be knowledgeable, be able to negotiate with both parties Defence Lawyer - Duties for all lawyers: to fearlessly raise every issue, advance every argument, ask every question, treat with fairness and respect in a way that promotes the parties’ right to a fear hearing and achieve justice - Being a criminal lawyer: having ability to defend anybody guilty or not - Confidentiality General rules of conduct for lawyers: Federation of Law Societies of Canada & Canadian Bar Association Law Society of Upper Canada – governs lawyers s. 1.03: lawyer has duty to carry practice of law and discharge all responsibilities to clients honorably with integrity, fairness, respect, and courtesy  A lawyer must not being actions purposely to harass the other party, to provoke public to believe justice system is corrupt  Don’t try to cheat the law, follow it ethnically Competent - applies relevant skills, attributes, and values in a manner appropriate - knowing general legal principles and procedures Confidentiality - A lawyer must hold strict confidence all information concerning the business and affairs of the client acquired in the professional relationship unless authorized by the client or required by law - Can include all conversations: identity of client, day-to-day information - A breach of confidence can lead to disciplinary hearing, or civil law suit  EXCEPTION: risk to identifiable person of group of bodily or psychologically harm [future harm] stopping potential crimes Sharp Practice - Addresses mistakes and says a lawyer must not take advantage of mistakes by other party - Cant exploit vulnerable slips by another lawyer  Lawyer of opposing party accidently faxes you information, cannot use information to win case Does a Lawyer have to represent every client? - Conflict of interest: personal stake in hearing?  Ex. Family member involved in trial, mu
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