NCA Professional Responsibility 2

Question 1

What are the rules regarding a lawyer's duty of 'competence' under the Model Code?

Accepted Answer

A lawyer must perform all legal services to the standard of a competent lawyer, which includes knowledge, skill, diligence, and judgment, and must not undertake matters beyond their competence without adequate preparation or association with a competent lawyer

Answer

A lawyer only needs to be competent at the time of being called to the bar

Answer

Competence is only measured by years of experience

Answer

A lawyer is automatically competent in all areas of law upon admission

Question 2

What constitutes 'conduct unbecoming' a lawyer and what are the potential consequences?

Accepted Answer

Any conduct, whether in professional or private life, that tends to bring discredit upon the legal profession, which can result in reprimand, suspension, conditions on practice, or disbarment

Answer

Only criminal convictions can constitute conduct unbecoming

Answer

Only conduct that occurs in a courtroom

Answer

Conduct unbecoming only applies to junior lawyers

Question 3

What are the ethical obligations of a lawyer acting as a 'mediator' or 'neutral third party'?

Accepted Answer

The lawyer must not act for either party, must be impartial, must ensure both parties understand that the lawyer does not represent either of them, and must advise both parties to seek independent legal advice

Answer

The same obligations as when representing a client

Answer

The lawyer can favour the party that pays their fee

Answer

There are no ethical obligations for lawyers acting as mediators

Question 4

What is a lawyer's duty to report misconduct by another lawyer?

Accepted Answer

A lawyer who has reasonable grounds to believe another lawyer has engaged in misconduct that raises a substantial question about their honesty, trustworthiness, or competence must report it to the law society

Answer

Lawyers never have to report other lawyers' misconduct

Answer

Only judges can report lawyer misconduct

Answer

The duty to report only applies to misconduct witnessed in court

Question 5

What are the rules regarding a lawyer's withdrawal from representation?

Accepted Answer

A lawyer must withdraw if discharged by the client, must withdraw in cases of conflict of interest or inability to maintain competence, and may withdraw for other reasons (e.g., non-payment) provided reasonable notice is given and the client is not prejudiced

Answer

A lawyer can never withdraw from representation once retained

Answer

A lawyer can withdraw at any time for any reason without notice

Answer

Only a judge can authorize withdrawal from representation

Question 6

What is the 'cab rank' principle and does it apply in Canada?

Accepted Answer

It is the principle from the English bar tradition that a barrister must accept any brief in their area of competence — in Canada, it does not apply as a strict rule, but lawyers generally should not decline representation solely based on personal disapproval of the client or the cause

Answer

It requires lawyers to take only cases within walking distance of their office

Answer

It requires lawyers to work in order of seniority

Answer

It applies only to criminal law cases in Canada