Documente Academic
Documente Profesional
Documente Cultură
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DEFINITIONS
Client
GENERAL RULES
Dignity, honor, integrity, respect, moderation, courtesy
Application of other ethical rules & duties
Authority over other lawyers
cannot not prejudice the profession
No false, coercive, constrainant, harassing or exploitative representation
Cannot pressure someone to hire him
Cannot attribute himself competences he cannot justify
Non-lawyer activities dont comprise the respect of the code & is clear
whether he is acting as a lawyer or not
Respect legislation but may criticize
INTEGRITY & PROFESSIONAL INDEPENDENCE
General
Outside interest may not jeopardize the lawyers professional integrity or
independance of judgement
Cannot facilitate fraudulous/illegal activity of client
Cannot hide or omit what he must disclose
Cannot provoke a conflict to obtain a retainer or for other personal
interests
PUBLIC COMMUNICATIONS
May communicate publicly
Cannot communicate infos that he knows or should know would
prejudice the tribunal or the right of a party to a fair hearing
Cannot communicate infos that he knows or should know to be false
GENERAL DUTIES TO CLIENTS
Duty of integrity, competence, loyalty, confidentiality, independance,
impartiality, diligence, prudence
Competence
Quality of services
In the best interest of client, respectful to legislation, trustworthy
Client can choose representation
Client can choose another lawyer
Lawyer communicates to client understandably
Language rights
Clients with diminished capacitiy
DUTIES WITH REGARDS TO RETAINER
Acts pursuant to mandate given to him
When client is organization, must act for organization not for
representative
Determination of terms of mandate, consent of client
Factors to bear in mind when accepting/pursuing mandate
When another laywer will perform essential aspects of mandate
Limited scope mandate
No matter his opinion on the clients guilt or liability
May refuse the mandate
Must inform if client may be elligible to legal aid
Provide appropriate services
Representative of client
Honesty and candour
MC
1.1-1
6.1-1
2.1-1
7.3-1,
7.3-2
3.2-7
7.5-1
7.5-2
3.1-1,
3.1-2
3.2-1
3.2-2A,
3.2-2B
3.2-9
3.2-3
3.2-1A
3.2-2
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52
53
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56
57
58
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60
61
62
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65
66
67
68
69
70
71
3.2-4
7.2-11
3.2-8
3.2-5
3.2-6
3.7-1 to
3.7-4
3.7-5,
3.7-6
3.2-8(c)
3.7-7
3.7-9
3.7-9
3.7-8
3.7-10
3.3-1
3.3-2
3.3-3
3.3-7
to
88
89
Change of firm
90
May not carry business with a client except on terms and conditions that
are fair and reasonable
May not borrow money from client or people related to client (some
exceptions)
Must not lend money to clients unless...
Transactions involving borrowing money, sale of property or services
without nominal value, ownership, securities or other pecuniary intterest
in a company, investment, common business venture
Exceptions to 3.4-29
91
92
Must not act as surety or provide security for client (some exceptions)
93
Must not act as surety for criminal matters except for family reasons
Gifts & testaments
PRESERVATION OF MONIES AND OTHER PROPERTY
3.4-1
3.4-2
3.4-2A to
3.4-2D
3.4-3
3.4-1
[10]
3.4-4
5.2-1,
5.2-2
3.4-5,
3.4-7
3.4-8
3.4-6
3.4-9
3.4-10
(unless
consente
d)
3.4-11
3.4-12 to
3.14-16
3.4-17 to
3.4-23
3.4-28,
3.4-29
3.4-31,
3.4-32
3.4-33
3.4-29
3.4-30
3.4-34,
3.4-35
3.4-40
3.4-41
3.4-37 to
3.4-39
3.5
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0
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10
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10
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10
8
11
0
Hold in trust
May not endorse cheque
Must not retain monies or other property
Must account promptly
Ensure compliance
FEES AND DISBURSEMENTS
Must make sure client has all info re financial terms
Must provide explanations for fees
In the case of joint retainers
Fair and reasonable fees and disbursements
Factors for determining fees
Contingent fees
Fees paid in advance
Must not appropriate funds held in trust
If review reduced the fees
Pre-paid legal services plan
Interest
3.6-3
(account
s)
3.6-3
3.6-4
3.6-1
3.6-1 [1]
3.6-2
3.6-9
3.6-10
3.6-11
3.6-12
3.6-5
3.6-6
Exception of 3.6-7
Must inform client if fees will be paid by a 3rd party
3.6-8
3.4-36
3.6-7
11
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11
2
11
3
3.5-6
4.1-2
(must
not use
means...)
5.6-1
5.6-2
5.6-3
5.1-1
5.1-3
7.2-1
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11
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11
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0
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3
12
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12
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Role of mediators
DUTIES TO THE TRIBUNAL
Must attend court if his presence is required
4.1-1
5.1-2
5.1-4
7.8-1 to
7.8-5
5.1-5
5.1-6
5.1-7,
5.1-8
5.7-1
Must not encourage anyone to say anything he could not say himself in
court
Must not mislead or attempt to mislead the tribunal
Must not repress evidence
5.1-2A
Must not act in a manner that allows a person to avoid a tribunals order
DUTIES TO A PARTY OR THE PARTYS LAWYER
Must not mislead aparty or their lawyer, must not abuse their good faith
7.2-2
7.2-1
7.2-5
7.2-4
7.2-3
7.2-6
7.2-7
7.2-8
7.2-9
7.2-10
5.4-2
5.4-1
5.4-3
5.5-2
5.5-4
Must not discuss case after trial with jury about its deliberations
5.5-6
5.5-1
5.5-3
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13
9
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0
14
1
14
2
2.1-2
7.6-1
6.1-1
6.1-3
6.1-4
6.1-5,
6.1-6
7.1-3
7.1-4
7.1-1
7.1-2
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5
2.1-2
Students
14
3
2.1-2
7.4-1
7.7-1
6.2-1
6.2-3
6.3-1
6.3-5
4.2-1
4.3-1
to
to
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