Professional Responsibility and Legal Ethics Flashcards

Under Canadian professional conduct rules, what is 'sharp practice' and why is it prohibited?

Answer: Taking unfair advantage of another lawyer or party by technical or procedural means that, while not necessarily illegal, violate the spirit of the rules and undermine the administration of justice

Sharp practice refers to conduct that is technically within the law but unconscionable or contrary to fair dealing—for example, taking advantage of a mistake by another lawyer, breaking agreements not in writing, or using procedural technicalities to gain an unfair advantage. It is prohibited as incompatible with professional honour.

A lawyer in Ontario wishes to advertise their legal services. Under the LSO's Rules, advertising must not:

Answer: Be false, misleading, deceptive, or in bad taste; it must not create unrealistic expectations about outcomes or compare services unfavourably with other lawyers

The LSO's Rules permit lawyer advertising but prohibit advertising that is false, misleading, or deceptive; that creates unrealistic expectations about outcomes; that uses comparisons that cannot be verified; or that is otherwise contrary to the best interests of the public or the profession. Price advertising is generally permissible.

The 'no contact' rule in Canadian legal ethics prohibits a lawyer from:

Answer: Communicating directly with a party represented by another lawyer about the subject matter of the representation without that lawyer's consent

The no contact rule (Model Code Rule 7.2-6) prohibits a lawyer from communicating directly with a represented party about the subject matter of the representation without the consent of that party's counsel. This prevents circumvention of the opposing lawyer and protects against improper influence.

Legal aid in Canada is primarily delivered through:

Answer: Provincial legal aid plans funded partly by federal transfers and provincial contributions, administered by provincial legal aid corporations or law societies

Legal aid in Canada is a provincial responsibility, with federal cost-sharing under the Department of Justice Canada Legal Aid Program. Each province administers its own plan (e.g., Legal Aid Ontario, Legal Aid BC) with eligibility criteria, coverage areas, and delivery mechanisms varying by province.

Under the Charter, when is the right to state-funded counsel guaranteed (beyond mere access to counsel)?

Answer: When an accused faces a charge involving possible loss of liberty and the interests of justice require representation, as established in R v. Rowbotham [1988]

In R v. Rowbotham [1988] (Ont. CA), the court held that when an accused faces imprisonment and is unable to retain counsel, and the interests of justice require representation, the trial must be adjourned or the charge stayed until counsel is provided. This right flows from ss. 7 and 11(d) of the Charter.

The doctrine of 'issue conflicts' or 'positional conflicts' in Canadian legal ethics arises when:

Answer: A lawyer takes a legal position for one client that would be detrimental to another client the lawyer represents in a different proceeding on the same legal issue

A positional conflict (issue conflict) arises when a lawyer argues one legal position for Client A that, if accepted, would harm Client B (represented by the same lawyer in different proceedings). While not always a disqualifying conflict, lawyers must assess whether advancing the position would adversely affect the other client.