Legal Research Guide. to Ethics

Size: px
Start display at page:

Download "Legal Research Guide. to Ethics"

Transcription

1 Legal Research Guide to Ethics 2006 Compiled by Eric B. Appleby Published and Printed By: Maritime Law Book Ltd. P.O. Box 302, Fredericton, NB Canada E3B 4Y9 or Call Free from anywhere in Canada or U.S.A. (except Alaska and Hawaii) Fax No.: Internet Web Site:

2 ISBN National Reporter Forums Bulletin Board (www.mlb.nb.ca) Posts and comments are welcome on new, unique or interesting legal issues. Law students, article clerks, lawyers, librarians, professors, etc., can use the discussion board to exchange ideas about legal issues and case law. Use of the board is free. Go to and click on MLB Forums. Or find your answer to many legal problems by accessing the over 200,000 cases in Maritime Law Book's case law subscription databases (i.e., the National Reporter System).

3 i Legal Research Guide to Ethics Table of Contents Introduction... Chapter Scope of this guide 1.2 What is legal ethics or professional responsibility? 1.3 Status of the law society rules and codes 1.4 The study of ethics in law schools 1.5 The scope of legal ethics The lawyer=s duty to the public or to the state... Chapter Duty to the state The lawyer=s duty to the courts... Chapter General 3.1 Duty to the court re representation of a client 3.2 Duty to the court to facilitate proceedings 3.3 Duty to the court by a lawyer not to abuse position 3.4 Duty to the court by a lawyer of full disclosure 3.5 Duty to the court of a lawyer not to obstruct justice 3.6 Duty to the court by a lawyer to present all relevant jurisprudence 3.7 Duty to the court by a lawyer where the accused admits to crime 3.8 Duty to the court respecting out-of-court discussions with judges 3.9 Liability of lawyer for costs for improper conduct 3.10 Duty of a lawyer to disclose to the court all relevant documents 3.11 Duty of a lawyer respecting undertakings The lawyer=s duty to the client... Chapter General 4.2 Duty to compromise and settle 4.3 Duty of loyalty 4.4 Duty of competence 4.5 Duty to inform or advise client 4.6 Duty to advise a client re business ethics 4.7 Duty of confidentiality (professional secrecy) 4.8 Duty to a client re conflicts of interest, general principle

4 ii 4.9 Conflicts of interest arising from lawyers' relations 4.10 Conflict of interests, acting for both sides 4.11 Conflict of interests, lawyer acting for several parties 4.12 Conflicts of interest, acting for a corporation 4.13 Conflict of interest, situations resulting in a conflict 4.14 Compensation to lawyer, general 4.15 Compensation to lawyer, duty to inform client 4.16 Compensation to lawyer, duty to keep time records 4.17 Compensation to lawyer, supervisory role of the courts 4.18 Compensation in estate matters 4.19 Compensation due to a lawyer, measure of, relevant considerations 4.20 Negligence, general 4.21 Negligence, settlements 4.22 Negligence, basis of liability 4.23 Negligence versus error of judgment 4.24 Negligence, considerations in determining liability The lawyer=s duty to fellow lawyers... Chapter General and notice of default proceedings 5.2 Requirement of courteous conduct 5.3 Duty of successor lawyer to protect an outstanding account of the former lawyer 5.4 Undertakings to other lawyers, enforcement The lawyer and the law society... Chapter Powers of law societies 6.2 Discipline 6.3 Professional misconduct defined 6.4 Law society rules, guidelines, etc. The Prosecutor... Chapter Role of 7.2 Duties of prosecutor 7.3 Standard of conduct 7.4 Conflict of interest 7.5 Duty to call witnesses The Defence Lawyer... Chapter 8

5 iii 8.1 Extent or limits of duty 8.2 The defence lawyer, termination of relationship 8.3 The defence lawyer, conflict of interest 8.4 The defence lawyer, plea bargaining Preparation of wills... Chapter General 9.2 Duty where testator to disinherit a dependant 9.3 Duty of a lawyer to test the capacity of a testator 9.4 Duty of a lawyer to make notes in cases of doubtful capacity Duty to third parties... Chapter Duty of a lawyer to opposite parties 10.2 Duty arising out of undertaking to third party to pay funds 10.3 Duty of a lawyer to a beneficiary when preparing a will 10.4 Duty of confidentiality to third parties 10.5 Duty owed to the debtor of a client

6 iv NOTES

7 Page 1 Legal Research Guide to Ethics Chapter 1 - Introduction 1.1 Scope of this guide Legal research is the process of finding a case, statute, regulation, text, etc., that is relevant to a legal issue. How does a lawyer resolve a legal issue? First, the lawyer must identify the issue. The issue can, in many cases, be resolved by finding a binding case (a precedent) or a relevant statute or regulation. Case law and statutes and regulations are referred to as primary sources of the law. This legal research guide is meant to provide instruction on how to find cases that are relevant to an issue in the law of ethics or professional conduct for lawyers. This is not a guide to finding relevant statutes or regulations or code provisions. This guide contains some of the first principles of the law of legal ethics or professional conduct for lawyers. The guide does not contain the principles that govern the professional conduct of judges. Each section refers to a principle and to cases that apply the principle. At the end of each section is one of Maritime Law Book=s key numbers that can be used to search for additional cases that apply the principle - search in print law reports or at A key number can be used to do a computer search of a single province or to search simultaneously every common law jurisdiction in Canada. The MLB key numbers set out below are preceded by the words ASearch The MLB key numbers are useful because a point of law in a case is always assigned the same key number by MLB editors. For example, the key number Barristers and Solicitors Topic 1546 is assigned to all cases that consider the duty of competence of a lawyer to a client (see chapter 4, para. 4.4). A list of MLB key numbers is found in any recent MLB digest (a digest covers 10 volumes in any report series) and at To generate a key number list of cases, at click on AKey Number click on a title, such as Barristers and Solicitors, and then click on the key number.

8 Page 2 See Appendix in this guide for a complete list of all the key numbers assigned by MLB editors to headings in the topic Barristers and Solicitors. Appendix also includes under each key number a list of cases that have been assigned the key number. The principles or rules stated in this booklet should always be compared with the relevant codes and statutes (e.g., Canadian Bar Association, Code of Professional Conduct; Alberta Code of Professional Conduct; Law Society Act, R.S.O. 1990; Legal Profession Act, R.S.A. 1980, etc). In addition to the case law and statutes and regulations a researcher should consult texts on the subject of legal ethics in Canada. For example, see Professional Conduct for Lawyers and Judges by Beverley G. Smith (2nd Ed. 2002). Legal Ethics by Mark M. Orkin (1957). 1.2 What is legal ethics or professional responsibility? Ethics: the science of morals in human conduct (Canadian Oxford Dictionary (2nd Ed. 2004)) Legal ethics: That branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren, and to his client (Black=s Law Dictionary (6th Ed.) at page 894). A study of ethics helps us to understand which actions are right and which actions are wrong. The legal ethics of lawyers is governed by the case law and the law society codes that govern the practice of law. The courts have for nearly one thousand years set standards of moral and ethical conduct for legal practitioners. In England a statute in 1274 dealt with abuses by lawyers by prohibiting, inter alia, a lawyer from being a partner in a case and from acting for both sides - see Legal Ethics by Mark M. Orkin (1957) at page 7. Codes: all Canadian provinces and territories have adopted a code of

9 Page 3 professional conduct for lawyers plus supportive legislation. The codes set standards of conduct for lawyers that are designed to benefit the state, its justice systems and the members of the public - See Professional Conduct for Lawyers and Judges by Beverley G. Smith (2002) at chapter 1, para. 6. The codes differ from province to province but they tend to have some common rules governing matters like conflict of interest. The codes are enforced by self-governing bar associations which have authority to discipline members. The codes and the relevant law society legislation and rulings do not cover every fact situation that may arise in a legal day, but they do offer discernable precepts for application to the matter at hand. 1.3 Status of the law society rules and codes Overview: The law society rules and codes do not have the force of statutes, regulations or judicial decisions. But the law society rules and codes do establish a standard of conduct for lawyers.... In the case of Ridge View Development & Holding Co. Ltd. v. Simper (1989), 95 A.R. 282 (Q.B.), the headnote stated: The Law Society of Alberta published a professional conduct handbook - The Alberta Court of Queen's Bench stated that "While I concede that propositions put forward in a handbook published by the Law Society do not by themselves have the force of a judicially accepted legal principle they are, nevertheless, clear and strong guidelines to all members of the Law Society of Alberta as to what are acceptable and recognized guidelines to practitioners should they choose to act in one of these situations. They are also at least one way of measuring whether a lawyer has lived up to the standard of care required". Also the law society rules and codes do not have the force of statutes. In the case of Enerchem Shipmanagement Inc. v. Ship Coastal (1988), 83 N.R. 256 (F.C.A.), the headnote stated: The Federal Court of Appeal stated that "neither the Ontario Rules of

10 Page 4 Professional Conduct nor (and still less) the Commentaries on the Rules can be treated as legislative texts. Nevertheless, they, and in particular the Rules themselves, generally embody the principles laid down by the courts over the years and must be treated with great respect" - See paragraph 5. In the case of Rosin v. MacPhail (1997), 85 B.C.A.C. 69; 138 W.A.C. 69 (C.A.), the British Columbia Court of Appeal stated at para. 16: [16] While the codes may be considered, they should not be applied as if they were statutory provisions governing the issue before the court. As Sopinka, J., said in MacDonald Estate v. Martin (1990), 121 N.R. 1 (S.C.C.), at para. 18: "A code of professional conduct is designed to serve as a guide to lawyers and typically it is enforced in disciplinary proceedings... The courts, which have inherent jurisdiction to remove from the record solicitors who have a conflict of interest, are not bound to apply a code of ethics. Their jurisdiction stems from the fact that lawyers are officers of the court and their conduct in legal proceedings which may affect the administration of justice is subject to this supervisory jurisdiction. None the less, an expression of a professional standard in a code of ethics relating to a matter before the court should be considered an important statement of public policy." But note that law societies are entitled to apply the codes in disciplinary proceedings against lawyers. In the case of Shaw v. Law Society of Prince Edward Island (1992), 101 Nfld. & P.E.I.R. 340; 321 A.P.R. 340 (P.E.I.T.D.), the headnote stated: The Prince Edward Island Supreme Court, Trial Division, stated that Law Societies were entitled to use the Code as a guide in disciplinary proceedings and that the Law Society, in stating that the lawyer's conduct was contrary to the Code, was merely giving particulars of the alleged misconduct - See paragraphs 24 to 38. Further it should be noted that law society rules of conduct do not affect the rights of clients. In the case of Stewart v. Canadian Broadcasting Corp. et al. (1997), 32 O.T.C. 321 (Gen. Div.), the court stated at para. 192:

11 Page 5 [192] In my opinion, the rules and commentaries have two limiting features which are significant here: 1. The Law Society Act, R.S.O. 1990, c. L-8, gives the Law Society through Convocation the power to regulate lawyers' conduct. The Act does not give Convocation the power to regulate clients or their rights. In any event, in the rules and commentaries relevant to the issues herein, Convocation has not attempted to regulate clients or their rights. 2. The rules and commentaries are not an all inclusive code governing lawyers' conduct in every circumstance which may arise in professional life. They address only specific issues, and do so in a variety of ways ranging from mandatory to advisory. Search aid - MLB Key No. - Barristers and Solicitors Topic 5104 is assigned to cases that consider the status of law society rules and codes. See and Appendix for a list of cases that dealt with this issue. See also Professional Conduct for Lawyer and Judges by Beverley G. Smith, chapter 1, para The study of ethics in law schools There are 16 Canadian common law law schools. Fourteen of these law schools offer a credit course in legal ethics. A legal ethics course is compulsory at five of these law schools. Two of these law schools do not offer a credit course in legal ethics, being the University of Toronto and McGill University. In the U.S.A., the American Bar Association, which accredits American law schools, requires that all law students take a course in legal ethics. The American Bar Association Model Rules of Professional Conduct has been adopted by 44 states. 1.5 The scope of legal ethics Overview: The careful lawyer knows that questions of ethics are present in nearly every aspect of the practice of law....

12 Page 6 It is difficult to practice in any area of the law and avoid questions of legal ethics. For example, conflict of interest questions may arise in any work that a lawyer does for a client. Questions of legal ethics are pervasive in the practice of law because of the diverse and often conflicting duties of a lawyer. Some of these duties include: a duty to the client, a duty to the public, a duty to the courts, a duty to third parties, a duty to the law society, etc. And all these duties may exist and conflict at the same time. And they may arise during any work by a lawyer. For example, should a lawyer act for both sides in the purchase and sale of real estate? Should a lawyer act for both the mortgagor and the mortgagee when a client applies for a mortgage loan? Should a criminal defense lawyer crossexamine a prosecution witness, who the lawyer knows to be accurate and truthful, in order to make the witness appear to be mistaken or lying? Should a lawyer give a client, charged with an offense, advice about the law, when the lawyer knows that the advice may induce the client to commit perjury? Should a lawyer act for a client against the client=s spouse, where the lawyer=s current partner was previously a member of a firm that acted for the spouse? Should a lawyer advise a client, who is under investigation by the police, to make no statement to the police under any circumstances? The following chapters consider the various duties owed by lawyers and how the courts have resolved ethical questions and conflicts that arise between the duties owed by lawyers.

13 Page 7 Chapter 2 - The lawyer=s duty to the public or to the state Overview: A lawyer is an officer of the court which requires a standard of conduct that includes a special duty to maintain and uphold the law. 2.1 Duty to the state... The lawyer=s duty to the state includes the entity, its systems and its people. The New Brunswick Code of Professional Conduct (2003), chapter 20, commentary 1, states: AThe paramount duty of the lawyer is to serve the cause of The British Columbia Canons of Legal Ethics (1992), chapter 1, states: AA lawyer owes a duty to the state, to maintain its integrity and its law. A lawyer should not aid, counsel, or assist any person to act in any way contrary to the The lawyer is more than a private citizen. The lawyer has been considered as being almost a public servant. In Mayor of Norwich v. Berry (1767), 4 Burr. 2109, Yates, J. stated at page 2115 AThe Court must have ministers; the attorneys are its A lawyer is duty bound not to subvert the legal system. A lawyer must not counsel or assist his client to break or subvert the law. Examples of prohibited conduct are: - making a false recital in a deed; - subornation of perjury; - permitting a client to swear a false affidavit; - assisting a criminal to escape the country; - accepting a transfer of property in fraud of the transferor=s creditors; - the bringing of proceedings for the sole purpose of delay. In the case of Kelly v. Low (2000), 257 A.R. 279 (Q.B.), a lawyer was sued for damages for defamation. The Alberta Court of Queen=s Bench allowed the action and awarded the plaintiff $5,000 punitive damages. At para. 226 the court stated:

14 Page 8 [226]... Ms. McLean referred extensively in her Brief to the Code of Conduct of the Law Society of Alberta. While in many ways I believe Mr. Kelly and Mr. Low deserve each other in the way they behaved, Mr. Low carries special responsibilities as an officer of the court. Society is entitled to expect members of the Law Society to conform to a higher standard of conduct. Mr. Low has fallen below that standard in writing the letter. As a member of the Law Society, it was incumbent upon him to be more sensitive to the issues raised in his letter and how he raised them. I am awarding Mr. Kelly $5,000 in punitive damages to punish Mr. Low for a standard of conduct I feel falls below that which the public is entitled to expect from a member of the Law Society. In the case of R. v. Morrison a lawyer was charged and convicted of fraud. In considering sentence the Nova Scotia Court of Appeal stated that a lawyer has a special duty to avoid criminal conduct. See R. v. Morrison (1975),13 N.S.R.(2d) 98; 9 A.P.R. 98 (C.A.). At para. 13 the Court of Appeal stated: [13] Furthermore, even had no client been involved, we must especially denounce crimes of fraud and forgery committed by a member of the Bar, a sworn officer of this Court. Such a man has a special duty. We must deal with a breach of that duty temperately, mercifully and without undue righteousness, but at the same time firmly and to warn others. Search aid - MLB Key No. - Barristers and Solicitors Topic 2041 is assigned to cases that consider the lawyer=s duty to the public or the state. See and Appendix for a list of cases that dealt with this issue.

15 Page 9 Chapter 3 - The lawyer=s duty to the courts Overview: The lawyer is an officer of the courts. A lawyer when acting for a client has Aa prior and perpetual retainer on behalf of truth and justice; and there is no Crown or other licence which in any case, or for any party or purpose, can discharge him from that primary and paramount - see Queen v. O=Connell (1844), 7 I.L.R. 261, at page General... The case law and the codes refer to the duty of courtesy and respect owed by a lawyer to the courts. One purpose of this duty is to enhance public confidence in the administration of justice. See Professional Conduct for Lawyers and Judges by Beverley G. Smith at chapter 1, para. 35 and Legal Ethics by Mark M. Orkin at page 32. But at the same time a lawyer has a duty to resist any attempt to influence him in the execution of his duties to the client. See chapter Duty to the court re representation of a client In the case of R. v. Creasser (D.D.) (1996), 187 A.R. 279; 127 W.A.C. 279 (C.A.), the headnote stated: An unpaid defence counsel was denied leave to withdraw from the case on the eve of a scheduled two week trial - The Alberta Court of Appeal stated that "independent of his obligations to his client, a lawyer who has accepted a general retainer from an accused and who has then gone on record for him before the trial court, is obligated to the court to continue to represent him unless and until, after notice to the client, the court permits him to withdraw for cause or by reason of the accused's consent to the termination of his employment. Cause includes unhappy differences that make it impossible for the lawyer to defend, but does not include nonpayment of fees." - See paragraph 2. Search aid - MLB Key No. - Barristers and Solicitors Topic 651 is assigned to cases that consider the lawyer=s duty to the court re representation of a client. See and Appendix for a list of cases that dealt with this issue.

16 Page Duty to the court to facilitate proceedings In the case of Ashmore et al. v. Corporation of Lloyd's (1992), 145 N.R. 344 (H.L.), the headnote stated: The House of Lords stated that "the parties and particularly their legal advisers in any litigation are under a duty to co-operate with the court by chronological, brief and consistent pleadings which define the issues and leave the judge to draw his own conclusions about the merits when he hears the case. It is the duty of counsel to assist the judge by simplification and concentration and not to advance a multitude of ingenious arguments in the hope that out of ten bad points the judge will be capable of fashioning a winner." - See paragraph 25. In the case of Northern Meat Packers Ltd. and Restigouche Abattoir Ltd. v. Bank of Montreal; Bank of Montreal v. Bourgoin (1984), 52 N.B.R.(2d) 196; 137 A.P.R. 196 (T.D.), the headnote stated: The New Brunswick Court of Queen's Bench, Trial Division, rejected the notion that in our adversary system a defendant may wait and allow a plaintiff to do nothing until sufficient time has lapsed to apply for dismissal for want of prosecution - The court adopted the view that litigation and the thrust of the Rules of Court are grounded on a mutual obligation to expedite trial and decision - See paragraphs 60 to 62. In the case of Mireau v. Canada et al. (1995), 128 Sask.R. 142; 85 W.A.C. 142 (C.A.), the headnote stated: Mireau's appeal was dismissed for want of prosecution after failing to serve and file an appeal book and factum within the time required by court order - Mireau's solicitor did nothing - He did not file the documents, nor apply to the court to withdraw as solicitor of record - The Saskatchewan Court of Appeal stated that "when counsel goes on record for an appellant he thereby incurs an obligation to keep the matter moving by complying with the rules respecting the requisition of a transcript of the evidence (where applicable) but also any directions that the court may make.... Since those directions were ignored without any application to vary the time limits... [the solicitor] failed to fulfil his professional obligation to this court....

17 Page 11 where an appellant decides to take no further steps counsel should obtain instructions to immediately abandon the appeal, thereby saving unnecessary applications and consequent costs." - See paragraphs 4 to 5. Search aid - MLB Key No. - Barristers and Solicitors Topic 652 is assigned to cases that consider the duty of a lawyer to the court to facilitate proceedings. See and Appendix for a list of cases that dealt with this issue. 3.3 Duty to the court by a lawyer not to abuse position In the case of Silver Jack Mines Ltd. v. McCarthy (1983), 51 N.B.R.(2d) 160; 134 A.P.R. 160 (T.D.), the headnote stated: Two lawyers were shareholders of a company whose assets were being wrongfully held as security by another shareholder - Under the guise of claiming a debt owed to the company by the shareholder the lawyers issued a writ of capias and had the shareholder arrested - The sole purpose of issuing the writ was to remove the shareholder from his property to allow the lawyers and others to enter the shareholder's land and seize the company assets - The New Brunswick Court of Queen's Bench held that the lawyers' conduct was both distasteful and an abuse of their position as members of the judiciary - See paragraphs 32, 38. Search aid - MLB Key No. - Barristers and Solicitors Topic 653 is assigned to cases that consider the duty of a lawyer to the court not to abuse his or her position. See and Appendix for a list of cases that dealt with this issue. 3.4 Duty to the court by a lawyer of full disclosure In the case of Comear, Re (1986), 77 N.S.R.(2d) 57; 191 A.P.R. 57 (T.D.), the headnote stated: Relevant case law - The Nova Scotia Supreme Court, Trial Division, referred to the duty of counsel to disclose an appeal decision that varied a trial decision upon which counsel's proposition or submission was based, if that decision was known to counsel - See paragraph 44.

18 Page 12 In the case of Transport Trailer Sales v. Robinson (2001), 147 O.A.C. 268 (Div. Ct.), the headnote stated: The defendant/appellant subpoenaed two witnesses who did not appear at trial - Counsel for the plaintiff had spoken to both witnesses asking them about the conduct money they had received and advising them that their attendance could not be compelled because they had not been paid sufficient conduct money - The Ontario Divisional Court stated that as an officer of the court, plaintiff's counsel had an obligation to reveal that information to the trial judge - It appeared that the evidence of the two witnesses could materially corroborate the defendant's case and if the trial judge had been aware of counsel's discussion with the witnesses in the context of a self-represented party, he would likely have afforded the defendant an opportunity to present that evidence - The court ordered a new trial. In the case of Myers v. Elman, [1939] All E.R. 484 (H.L.), the House of Lords stated at p. 491: If the defendants are guilty of the alleged frauds, it is hardly to be expected that they will make adequate affidavits without considerable pressure. However guilty they may be, an honourable solicitor is perfectly justified in acting for them and doing his very best in their interests, with, however, the important qualification that he is not entitled to assist them in any way in dishonourable conduct in the course of the proceedings. The swearing of an untrue affidavit of documents is perhaps the most obvious example of conduct which his solicitor cannot knowingly permit. He must assist and advise his client as to the latter's bounden duty in that matter, and, if the client should persist in omitting relevant documents from his affidavit, it seems to be plain that the solicitor should decline to act for him any further. He cannot properly, still less can he consistently with his duty to the court, prepare and place upon the file a perjured affidavit. Search aid - MLB Key No. - Barristers and Solicitors Topic 654 is assigned to cases that consider the duty of a lawyer to the court to make full disclosure. See and Appendix for a list of cases that dealt with this issue. 3.5 Duty to the court of a lawyer not to obstruct justice

19 Page 13 In the case of R. v. Goddard (D.) (1995), 206 N.R. 69; 193 A.R. 47; 135 W.A.C. 47 (S.C.C.), the headnote stated: Goddard was charged with a criminal offence - Goddard asked that the case be heard and resisted the Crown's application for an adjournment - Goddard then informed the court that the Crown was not in a position to produce witnesses and asked for a dismissal - Subsequently, the Crown charged Goddard with obstruction and requested a new trial - The Crown submitted that Goddard knew where the witnesses were and that they were available - The Crown also claimed that Goddard had undertaken to inform the police officers when they would be needed as witnesses - The Supreme Court of Canada, in affirming Goddard's acquittal, observed that while the conduct was not criminal, it would have been unethical if engaged in by a lawyer - See paragraph 2. In the case of R. v. Sweezey (G.G.) (1987), 63 Nfld. & P.E.I.R. 308; 194 A.P.R. 308 (Nfld. T.D.), the headnote stated: The Newfoundland Supreme Court, Trial Division, in sentencing the accused lawyer to 18 months in prison for wilfully attempting to obstruct justice, stated that a lawyer who attempts to obstruct justice by wilfully counseling a witness to be forgetful and evasive not only commits an offence contrary to s. 127 of the Criminal Code but also breaches his solemn duty as an officer of the court to uphold the course of justice - See paragraphs 6 to 8. Search aid - MLB Key No. - Barristers and Solicitors Topic 658 is assigned to cases that consider the duty of a lawyer to the court not to obstruct justice. See and Appendix for a list of cases that dealt with this issue. 3.6 Duty to the court by a lawyer to present all relevant jurisprudence In the case of R. v. Mitchell (W.F.) (1994), 162 A.R. 109; 83 W.A.C. 109 (C.A.), the headnote stated: In a breathalyzer case, accused's counsel failed to cite relevant decisions of the Court of Appeal and Supreme Court of Canada which were against him - The Alberta Court of Appeal stated that "it is counsel's duty to look for and cite to the court all relevant authority, whether it is for or against him, as has been well known for 70 years" -

20 Page 14 See paragraphs 17 to 19 Search aid - MLB Key No. - Barristers and Solicitors Topic 660 is assigned to cases that consider the duty of a lawyer to the court to disclose all relevant jurisprudence. See and Appendix for a list of cases that dealt with this issue. 3.7 Duty to the court by a lawyer where the accused admits to crime In the case of R. v. Li (C.M.) (1993), 36 B.C.A.C. 181; 58 W.A.C. 181 (C.A.), the headnote stated: An accused charged with robbery admitted to his lawyer that he did it - The British Columbia Court of Appeal stated that the common understanding was that the lawyer could not call the accused or any other person to testify that the accused did not do it - Although the lawyer could not set up defences inconsistent with the admission, he could test the proof of the case in every proper way (e.g., challenging the sufficiency of identification evidence) - See paragraphs 57 to 74. Search aid - MLB Key No. - Barristers and Solicitors Topic 663 is assigned to cases that consider the duty of a lawyer to the court where the accused admits to crime. See and Appendix for a list of cases that dealt with this issue. 3.8 Duty to the court respecting out-of-court discussions with judges In the case of R. v. Mid Valley Tractor Sales Ltd. and Scott (1993), 140 N.B.R.(2d) 46; 358 A.P.R. 46 (T.D.), the court stated at paras. 13 and 14: [13] There are a number of cases to the effect that the "practice of counsel going to see judges is in general an undesirable one". Some of the cases are referred to in A Book for Judges by The Hon. J.O. Wilson, published by the Canadian Judicial Council in 1980, beginning at pages 52 and 64. One of the cases cited in A Book for Judges includes the following observation: "It appears that during the course of the trial the learned trial judge called counsel into his chambers to discuss certain aspects of the trial as the trial progressed. It appears also that this was done in the office of the learned trial judge and in the absence of the respondent. This is a practice that must be

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Law Society of Saskatchewan Queen s Bench Rules of Court webinars Part 1: Overview

Law Society of Saskatchewan Queen s Bench Rules of Court webinars Part 1: Overview Law Society of Saskatchewan Queen s Bench Rules of Court webinars Part 1: Overview Reché McKeague Director of Research, Law Reform Commission of Saskatchewan January 28, 2013 Table of Contents 1. Introduction...

More information

Assume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ):

Assume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ): ETHICAL SCENARIO #3 I. FACT PATTERN A Saskatchewan law firm ( SK Firm LLP ) acts on behalf of an out of province (e.g. national) corporation (the Corporation ). SK Firm LLP s role has been solely to file

More information

GUIDANCE FOR EMPLOYED BARRISTERS. Part 1. General

GUIDANCE FOR EMPLOYED BARRISTERS. Part 1. General GUIDANCE FOR EMPLOYED BARRISTERS Part 1. General 1.1 This guidance has been issued by the Professional Standards Committee, the Professional Conduct and Complaints Committee and the Employed Barristers

More information

The Credit Reporting Act

The Credit Reporting Act 1 CREDIT REPORTING c. C-43.2 The Credit Reporting Act being Chapter C-43.2 of The Statutes of Saskatchewan, 2004 (effective March 1, 2005). NOTE: This consolidation is not official. Amendments have been

More information

The Witness and the Justice System in Alberta

The Witness and the Justice System in Alberta The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Courts & Our Legal System

Courts & Our Legal System Courts & Our Legal System 2012 (Version 1.0) This booklet has been prepared, published and distributed by the Public Legal Education Association of Saskatchewan (PLEA). The purpose of PLEA and this booklet

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE A. INTRODUCTION 1. This document lays down the Code of Practice ( Code ) for the conduct of criminal proceedings

More information

Schedule of Forms SCHEDULE OF FORMS 3. Nil

Schedule of Forms SCHEDULE OF FORMS 3. Nil Queen s Bench Forms SCHEDULE OF FORMS 3 Schedule of Forms FORMS FOR PART 1 [Foundational Rules] Form R Nil rule No. Form No. Source FORMS FOR PART 2 [Parties to Litigation] Form R rule No. Form No. Source

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

ALBERTA S JUSTICE SYSTEM AND YOU

ALBERTA S JUSTICE SYSTEM AND YOU ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand

More information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR VEHICLE ACCIDENT CLAIMS ACT Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s

More information

Ontario s Amended Rules of Professional Conduct

Ontario s Amended Rules of Professional Conduct Ontario s Amended Rules of Professional Conduct Bruce Blain Toronto Symposium June 5, 2014 FLSC Model Code of Professional Conduct 2004 - initiative to create uniform ethical and professional conduct standards

More information

Insurance Adjusters Council Code of Conduct

Insurance Adjusters Council Code of Conduct Insurance Adjusters Council Code of Conduct TABLE OF CONTENTS INTRODUCTION... 1 EXECUTIVE SUMMARY... 2 INTERPRETATION... 4 CODE OF CONDUCT PRINCIPLES... 6 1. INTEGRITY AND TRUSTWORTHINESS... 6 2. GOOD

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

Federation of Law Societies of Canada

Federation of Law Societies of Canada Submission to the Standing Committee on Public Safety and National Security in respect of Bill C-44, An Act to Amend the Canadian Security Intelligence Service Act and other Acts Federation of Law Societies

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

Life Insurance Council Code of Conduct

Life Insurance Council Code of Conduct Life Insurance Council Code of Conduct TABLE OF CONTENTS EXECUTIVE SUMMARY... 2 INTERPRETATION... 5 DEFINITIONS... 6 CODE OF CONDUCT PRINCIPLES... 7 1. INTEGRITY AND TRUSTWORTHINESS... 7 2. GOOD FAITH...

More information

Guidelines for Guardians ad Litem for Children in Family Court

Guidelines for Guardians ad Litem for Children in Family Court Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family

More information

Family Law. Terms and Definitions. Second Edition

Family Law. Terms and Definitions. Second Edition Family Law Terms and Definitions Second Edition Introduction The purpose of this booklet is to provide Newfoundlanders and Labradorians with a reference for the terms and definitions that are commonly

More information

Central LHIN Governance Manual. Title: Whistleblower Policy Policy Number: GP-003

Central LHIN Governance Manual. Title: Whistleblower Policy Policy Number: GP-003 Central LHIN Governance Manual Title: Whistleblower Policy Policy Number: GP-003 Purpose: Originated: September 25, 2012 Board Approved: September 25, 2012 To set out the LHIN s obligations under the Public

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

accounting, s. 122 addition, deletion, substitution of parties, 26.02 failure to serve affidavit of documents,

accounting, s. 122 addition, deletion, substitution of parties, 26.02 failure to serve affidavit of documents, All references in this Index are to the Rules of Civil Procedure and Forms, unless preceded by s. which indicates sections of the Courts of Justice Act. indicates sections of the text. ABANDONMENT. See

More information

SASKATOON CRIMINAL DEFENCE LAWYERS ASSOCIATION. 2011 PROVINCIAL COURT COMMISSION for SASKATCHEWAN

SASKATOON CRIMINAL DEFENCE LAWYERS ASSOCIATION. 2011 PROVINCIAL COURT COMMISSION for SASKATCHEWAN SUBMISSION of the SASKATOON CRIMINAL DEFENCE LAWYERS ASSOCIATION TO THE 2011 PROVINCIAL COURT COMMISSION for SASKATCHEWAN November 15, 2011 Contact Information: Andrew Mason, Co-ordinator Saskatoon Criminal

More information

Ontario Supreme Court Ross v. Christian & Timbers Inc. Date: 2002-04-30 Mark Ross, Plaintiff. and. Christian and Timbers, Inc.

Ontario Supreme Court Ross v. Christian & Timbers Inc. Date: 2002-04-30 Mark Ross, Plaintiff. and. Christian and Timbers, Inc. Ontario Supreme Court Ross v. Christian & Timbers Inc. Date: 2002-04-30 Mark Ross, Plaintiff and Christian and Timbers, Inc., Defendant Ontario Superior Court of Justice Swinton J. Heard: April 18, 2002

More information

The Mortgage Brokerages and Mortgage Administrators Act

The Mortgage Brokerages and Mortgage Administrators Act MORTGAGE BROKERAGES AND 1 The Mortgage Brokerages and Mortgage Administrators Act being Chapter M-20.1* of The Statutes of Saskatchewan, 2007 (effective October 1, 2010), as amended by the Statutes of

More information

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-275 Issued: July 1983

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-275 Issued: July 1983 KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-275 Issued: July 1983 This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

Chapter 9 Duties of Counsel in Criminal Trials

Chapter 9 Duties of Counsel in Criminal Trials Chapter 9 Duties of Counsel in Criminal Trials General Duties 138 The Prosecutor s Duties 138 Disclosure 138 Impartiality 139 Not to overstate the evidence 139 Dealing with witnesses 140 Dealing with the

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

Indexed As: Wong v. Grant Mitchell Law Corp. et al. Manitoba Court of Queen's Bench Winnipeg Centre Dewar, J. June 4, 2015.

Indexed As: Wong v. Grant Mitchell Law Corp. et al. Manitoba Court of Queen's Bench Winnipeg Centre Dewar, J. June 4, 2015. Leo Kai Yen Wong (plaintiff) v. Grant Mitchell Law Corporation, Cynthia Lazar, Taylor McCaffrey LLP, Barristers & Solicitors (defendants) (CI 12-01-77745; 2015 MBQB 88) Indexed As: Wong v. Grant Mitchell

More information

*Reference Material For information only* The following was put together by one of our classmates! Good job! Well Done!

*Reference Material For information only* The following was put together by one of our classmates! Good job! Well Done! From: "We The People for Independent Texas" Subject: No contract - No case. *Reference Material For information only* The following was put together by one of our classmates! Good job! Well Done! Courts

More information

Intellectual Property Institute of Canada Code of Ethics (as of March 6, 2001)

Intellectual Property Institute of Canada Code of Ethics (as of March 6, 2001) Intellectual Property Institute of Canada Code of Ethics (as of March 6, 2001) Nothing in the Code shall affect the more onerous obligations or rights of the agent with respect to the agent's obligations

More information

Court Record Access Policy

Court Record Access Policy SUPREME COURT OF BRITISH COLUMBIA Court Record Access Policy The Supreme Court of British Columbia 800 Smithe Street Vancouver, BC V6Z 2E1 www.courts.gov.bc.ca Page 1 of 39 TABLE OF CONTENTS PART I: GENERAL

More information

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD A FOREWORD A1. These Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex

More information

CODE OF PROFESSIONAL ETHICS

CODE OF PROFESSIONAL ETHICS CODE OF PROFESSIONAL ETHICS 2016 www.iccrc-crcic.ca Version: 2016-001 Last Modified: March 11, 2016 Page 2 of 13 Table of Contents ARTICLE 1. INTENTION OF CODE... 5 1.1 Purpose... 5 1.2 Discipline for

More information

The Code of Ethics for Arbitrators in Commercial Disputes

The Code of Ethics for Arbitrators in Commercial Disputes The Code of Ethics for Arbitrators in Commercial Disputes Approved by the American Bar Association House of Delegates on February 9, 2004 Approved by the Executive Committee of the Board of Directors of

More information

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

HARRINGTON FAMILY LAWYERS

HARRINGTON FAMILY LAWYERS HARRINGTON FAMILY LAWYERS 1. BEING HONEST WITH THE COURT AND WITH US Harrington Family Lawyers pride ourselves on our ethical standards. We want to make sure that you also understand the need to act honestly

More information

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13

More information

Reflections on Ethical Issues In the Tripartite Relationship

Reflections on Ethical Issues In the Tripartite Relationship Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C.

The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C. February 2013 Civil Litigation Section The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C.A) Antonin Pribetic*

More information

IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and

IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON Action No. 0403-12898 B E T W E E N : TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE Plaintiffs - and HER MAJESTY THE QUEEN IN

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

Being a witness in a criminal trial

Being a witness in a criminal trial Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement

More information

PRACTICE DIRECTION NO. 1 OF 2015 IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEENS BENCH DIVISION (COMMERCIAL) EXPERT EVIDENCE

PRACTICE DIRECTION NO. 1 OF 2015 IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEENS BENCH DIVISION (COMMERCIAL) EXPERT EVIDENCE PRACTICE DIRECTION NO. 1 OF 2015 Introduction IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEENS BENCH DIVISION (COMMERCIAL) EXPERT EVIDENCE 1. This Practice Direction applies to all proceedings in

More information

IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG. and. In The Matter of ASSOCIATED CAPITAL CORPORATION

IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG. and. In The Matter of ASSOCIATED CAPITAL CORPORATION BRITISH VIRGIN ISLANDS CIVIL APPEAL NO.10 OF 2002 BETWEEN: IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG and In The Matter of ASSOCIATED CAPITAL CORPORATION Appellant Respondent Before: His Lordship,

More information

Criminal Trial. If You Can t Get a Lawyer for Your. How to Make a Rowbotham Application

Criminal Trial. If You Can t Get a Lawyer for Your. How to Make a Rowbotham Application If You Can t Get a Lawyer for Your Criminal Trial How to Make a Rowbotham Application Denied legal aid? Can t afford a lawyer? Facing a serious/complex criminal charge? December 2012 2012, Legal Services

More information

MPRE Sample Test Questions

MPRE Sample Test Questions MPRE Sample Test Questions The following sample questions are examples of test questions similar to those on the MPRE. While these sample questions illustrate the kinds of questions that will appear on

More information

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE COURT FILE NO.: CV-07-0159-00B1 DATE: October 08, 2009 ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: 1013952 ONTARIO INC., operating as the No one attending for Plaintiff Silverado Restaurant and Nightclub

More information

Canada (Québec) Litigation Guide IBA Litigation Committee

Canada (Québec) Litigation Guide IBA Litigation Committee The Process of a Typical Commercial Case Canada (Québec) Litigation Guide IBA Litigation Committee Christopher Richter crichter@woods.qc.ca Eric Bédard ebedard@woods.qc.ca Woods LLP 2000 McGill College

More information

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6) NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule

More information

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 29 LCDT 009/11. of the Lawyers and Conveyancers Act 2006

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 29 LCDT 009/11. of the Lawyers and Conveyancers Act 2006 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 29 LCDT 009/11 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 1 OF THE NEW ZEALAND

More information

Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients

Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients By: Victoria Rees, Director of Professional Responsibility Nova Scotia Barristers' Society Regulations

More information

ISSUES PAPER: FAMILY LAW RULES ALBERTA RULES OF COURT PROJECT

ISSUES PAPER: FAMILY LAW RULES ALBERTA RULES OF COURT PROJECT ISSUES PAPER: FAMILY LAW RULES ALBERTA RULES OF COURT PROJECT October 2002 INTRODUCTION The Rules Project [1] The Alberta Rules of Court (the Rules) govern practice and procedure in the Alberta Court of

More information

WITNESS PROTECTION ACT

WITNESS PROTECTION ACT LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 696 WITNESS PROTECTION ACT 2009 As at 1 May 2013 2 WITNESS PROTECTION ACT 2009 Date of Royal Assent............... 18 April 2009 Date of publication

More information

INTRODUCTION. History of the Criminal Justice Branch: CRIMINAL JUSTICE BRANCH, MINISTRY OF ATTORNEY GENERAL CROWN COUNSEL POLICY MANUAL

INTRODUCTION. History of the Criminal Justice Branch: CRIMINAL JUSTICE BRANCH, MINISTRY OF ATTORNEY GENERAL CROWN COUNSEL POLICY MANUAL CRIMINAL JUSTICE BRANCH, MINISTRY OF ATTORNEY GENERAL CROWN COUNSEL POLICY MANUAL INTRODUCTION History of the Criminal Justice Branch: Over three decades ago, the Criminal Justice Branch was created following

More information

Witness Protection Act 1995 No 87

Witness Protection Act 1995 No 87 New South Wales Witness Protection Act 1995 No 87 Status information Currency of version Current version for 5 October 2012 to date (generated 10 October 2012 at 19:15). Legislation on the NSW legislation

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1. Case: 12-13381 Date Filed: 05/29/2013 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-13381 Non-Argument Calendar D.C. Docket No. 3:11-cr-00281-RBD-JBT-1

More information

Upon the foregoing papers, plaintiff John Konvalin, by order to show cause, requests this

Upon the foregoing papers, plaintiff John Konvalin, by order to show cause, requests this SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS PART 32 -----------------------------------------------------------------x JOHN KONVALIN, Plaintiff, -against- TAN HAI YING, Index No. 14738/98 Defendants.

More information

Consultation Paper for Civil Rule Reform

Consultation Paper for Civil Rule Reform COURT OF APPEAL Consultation Paper for Civil Rule Reform 1. Introduction... 1 2. Reorganization of the Act and Rules... 2 3. Leave to Appeal... 2 4. Filings, Document Content and Deadlines... 3 5. Vexatious

More information

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person

More information

Ethical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize

Ethical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.

More information

In the Court of Appeal of Alberta

In the Court of Appeal of Alberta In the Court of Appeal of Alberta Citation: Dickson v. Poon Estate, 1982 ABCA 112 Between: Matthew C. Dickson, Diana Davidson and the City of Edmonton - and - Johnny Poon, executor of the estate of Joseph

More information

AS APPROVED BY CONVOCATION, MARCH 25, 2004. (new/amended rules and commentary for rule 2.02)

AS APPROVED BY CONVOCATION, MARCH 25, 2004. (new/amended rules and commentary for rule 2.02) AS APPROVED BY CONVOCATION, MARCH 25, 2004 (new/amended rules and commentary for rule 2.02) When Client an Organization (1.1) Notwithstanding that the instructions may be received from an officer, employee,

More information

Court Procedures Rules 2006

Court Procedures Rules 2006 Australian Capital Territory Court Procedures Rules 2006 Subordinate Law SL2006-29 (in 3 volumes) Volume 1 contains chapter 1 to chapter 2, part 2.17 Volume 2 contains chapter 2, part 2.18 to chapter 4

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

If you can t get a lawyer for your criminal trial:

If you can t get a lawyer for your criminal trial: If you can t get a lawyer for your criminal trial: How to make an application to have a lawyer appointed (Rowbotham Application) if you have been denied representation through Legal Aid Alberta and cannot

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify

More information

Judicial Independence (And What Everyone Should Know About It) 15 March 2012

Judicial Independence (And What Everyone Should Know About It) 15 March 2012 Court of Appeal of British Columbia Supreme Court of British Columbia Provincial Court of British Columbia Introduction Judicial Independence (And What Everyone Should Know About It) 15 March 2012 The

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

CODE OF CONDUCT REGULATIONS. Cyprus Bar Association

CODE OF CONDUCT REGULATIONS. Cyprus Bar Association CODE OF CONDUCT REGULATIONS Cyprus Bar Association 1 THE ADVOCATES LAW (CAP.2) (As amended to the present day) CODE OF CONDUCT REGULATIONS [Regulations under Article 24(1)(b) and (l)] In the exercise of

More information

NC General Statutes - Chapter 15A Article 17 1

NC General Statutes - Chapter 15A Article 17 1 SUBCHAPTER III. CRIMINAL PROCESS. Article 17. Criminal Process. 15A-301. Criminal process generally. (a) Formal Requirements. (1) A record of each criminal process issued in the trial division of the General

More information

CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING

CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING As updated from time-to-time for billing rates and responsible attorney and, following actual notice to the client. This agreement forms the basis

More information

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA JIMMY FORD APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/10/2002 TRIAL JUDGE: HON. MARCUS D. GORDON

More information

Queensland WHISTLEBLOWERS PROTECTION ACT 1994

Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short

More information

Small Claims: The Process in Detail

Small Claims: The Process in Detail What is a small claims division? Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. All

More information

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick You and Your Lawyer Public Legal Education and Information Service of New Brunswick Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit charitable organization. Its

More information

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405. CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

SUPREME COURT OF WISCONSIN

SUPREME COURT OF WISCONSIN SUPREME COURT OF WISCONSIN 2012 WI 123 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Thomas E. Bielinski, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Thomas

More information

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

SUPREME COURT OF THE STATE OF UTAH

SUPREME COURT OF THE STATE OF UTAH This opinion is subject to revision before final publication in the Pacific Reporter 2014 UT 18 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Discipline of JERE B. RENEER, JERE B. RENEER,

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

The Interior Designers Act

The Interior Designers Act 1 The Interior Designers Act being Chapter I-10.02 of the Statutes of Saskatchewan, 1995 (effective June 19, 1997) as amended by the Statutes of Saskatchewan 2009, c.t-23.01; 2010, c.19 and 20; and 2014,

More information

LAW SOCIETY OF ALBERTA HEARING COMMITTEE REPORT. IN THE MATTER OF the Legal Profession Act; and

LAW SOCIETY OF ALBERTA HEARING COMMITTEE REPORT. IN THE MATTER OF the Legal Profession Act; and LAW SOCIETY OF ALBERTA HEARING COMMITTEE REPORT INTRODUCTION IN THE MATTER OF the Legal Profession Act; and IN THE MATTER OF a hearing (the "Hearing") regarding the conduct of Austin Nguyen, a Member of

More information

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20

Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Read It, Know It, Live It Presented by Mark Gumz with the assistance of Hannah Schieber SCR 20: More than just 40+ pages of fine

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

A Guide for Witnesses

A Guide for Witnesses Community Legal Information Association of Prince Edward Island, Inc. A Guide for Witnesses Introduction You may be called as a witness for either a criminal or civil trial. This pamphlet explains your

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information