LSO Barrister Ethics

Question 1

Under the Rules of Professional Conduct of the Law Society of Ontario (LSO), what is a lawyer's duty when they discover their client has committed perjury?

Accepted Answer

The lawyer must attempt to persuade the client to rectify the false testimony; if the client refuses, the lawyer must withdraw from the representation, but the lawyer generally cannot disclose the perjury to the court due to solicitor-client privilege, except through withdrawal

Answer

Ignore it and continue with the case

Answer

The lawyer must immediately inform the court

Answer

The lawyer must continue representing the client and cannot withdraw

Question 2

What are a lawyer's obligations regarding 'competence' under the LSO Rules?

Accepted Answer

A lawyer must perform all legal services competently, which includes knowing applicable law, performing thorough investigation and research, applying knowledge and skills effectively, managing time and resources, and recognizing and resolving limitations in competence

Answer

A lawyer is automatically competent in all areas once licensed

Answer

Competence only relates to courtroom skills

Answer

A lawyer only needs to be competent in one area of law

Question 3

What is the 'undertaking' in legal practice and what are the consequences of breaching one?

Accepted Answer

A personal promise by a lawyer to do or refrain from doing something, which is binding on the lawyer's honour and professional integrity — breach can result in disciplinary proceedings, costs orders, and loss of professional reputation

Answer

An undertaking is an informal suggestion with no binding effect

Answer

An undertaking can be revoked at any time

Answer

Undertakings only apply between lawyers in the same firm

Question 4

What are the obligations of a lawyer who receives privileged or confidential documents that were clearly sent in error (inadvertent disclosure)?

Accepted Answer

The lawyer must immediately stop reading the documents, notify the sender, and follow any directions regarding return or destruction of the documents, without using the information gained

Answer

The lawyer can read and use the documents freely

Answer

The lawyer must forward the documents to the court

Answer

The lawyer has no obligation regarding inadvertently disclosed documents

Question 5

What is a lawyer's duty regarding access to justice under the LSO's Rules of Professional Conduct?

Accepted Answer

Lawyers have a professional obligation to contribute to the legal profession's goal of providing access to justice, including providing legal services pro bono, supporting legal aid, and taking steps to reduce barriers to accessing legal services

Answer

Lawyers have no obligation to promote access to justice

Answer

Access to justice is solely the government's responsibility

Answer

Only lawyers who work at legal clinics have duties regarding access to justice

Question 6

What are the rules regarding lawyer advertising and marketing in Ontario?

Accepted Answer

Lawyers may market their services but must ensure all communications are truthful, accurate, and not misleading; they cannot make claims of superiority that cannot be verified, guarantee outcomes, or create unjustified expectations

Answer

Lawyers cannot advertise at all in Ontario

Answer

Any form of advertising is permitted without restriction

Answer

Only law firms, not individual lawyers, can advertise