Professional Conduct For Lawyers And Judges

By Beverley G. Smith, Professor Emeritus
Faculty of Law, University of New Brunswick

The fourth edition of Professional Conduct For Lawyers and Judges is an up-to-date authoritative reference for your legal ethical questions. Successfully used by law students and practitioners since its publication in 1998, it incorporates recent cases and reporting, updated references to three of the major Canadian professional legal conduct codes, and further comment on various aspects of the topic by the author.

Beverley Smith is a senior lawyer who has had extensive practice experience in private, corporate and governmental law in the Provinces of Alberta, New Brunswick and Ontario. Entering full time law teaching in 1980 he instituted and taught a course in professional legal conduct, during which time he authored his first text on professional conduct for lawyers (Butterworths, 1989). This was followed in 1998 by an expanded and revised edition under its present title, the publisher being Maritime Law Book Ltd. Professor Smith is the author of the latest code of professional conduct in use in the Province of New Brunswick.

List of Chapter Contents (TOC)

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

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This entry was last updated: February 14, 2017