Professional Responsibility and Legal Ethics Flashcards

The duty of competence in legal professional rules requires a lawyer to:

Answer: Have and apply the legal knowledge, skills, and attributes appropriate to the retainer, or acknowledge the limits of competence and obtain assistance or refer the matter

Competence requires the application of relevant knowledge, skills, and care—not perfection or expertise in every area. A lawyer who lacks competence in a particular area must either develop it, associate with a competent lawyer, or refer the matter to one. Accepting a retainer beyond one's competence without remedy is professional misconduct.

The SCC in Groia v. Law Society of Upper Canada [2018] addressed the tension between which two professional duties?

Answer: The duty to act with civility and courtesy vs. the duty of zealous advocacy on behalf of the client

In Groia v. LSUC [2018], the SCC addressed whether a lawyer's incivility in court proceedings (making allegations of prosecutorial misconduct without adequate basis) could constitute professional misconduct. The Court held that while civility is important, the duty of zealous advocacy must be given significant weight in disciplinary proceedings.

The Federation of Law Societies of Canada's Model Code of Professional Conduct serves what function in Canada?

Answer: It provides a harmonized model that provincial law societies may adopt, facilitating consistent professional standards and national mobility of lawyers

The Federation of Law Societies' Model Code is a model framework developed to harmonize professional conduct rules across provinces and facilitate national mobility under the National Mobility Agreement. Each provincial law society retains its own regulatory authority and adopts the model (with modifications) as its own rules.

In Canada, solicitor-client privilege belongs to which party and can be waived by whom?

Answer: The privilege belongs to the client, and only the client (or their authorized representative) can waive it

Solicitor-client privilege belongs to the client. The lawyer has a professional obligation to assert and protect the privilege on behalf of the client and cannot waive it unilaterally. Only the client can waive the privilege, expressly or impliedly (e.g., by putting the legal advice in issue).

Under Canadian professional conduct rules, a lawyer who discovers that their client has committed perjury during the proceeding must:

Answer: Take steps to rectify the situation, which may include advising the client to correct the testimony, and if the client refuses, the lawyer may have to withdraw and potentially take other remedial steps

When a lawyer discovers client perjury, the obligations under the rules require the lawyer to: (1) attempt to persuade the client to correct the false testimony; (2) if the client refuses, consider withdrawal; (3) the lawyer must not continue to actively assist in the perjury or mislead the court. Reporting to the court directly is generally not required absent specific rules.

In which Canadian case did the SCC confirm that solicitor-client privilege is a 'principle of fundamental justice' under s. 7 of the Charter?

Answer: Lavallee, Rackel & Heintz v. Canada (AG) [2002]

In Lavallee, Rackel & Heintz [2002] the SCC confirmed that solicitor-client privilege is a principle of fundamental justice under s. 7 of the Charter, and that search warrants targeting law office materials require heightened procedural safeguards to protect the privilege.