NCA Professional Responsibility

Question 1

Under the Federation of Law Societies of Canada Model Code, what is a lawyer's primary duty?

Accepted Answer

To the client, but subject to overriding duties to the administration of justice, the court, and the rule of law

Answer

To win the case at all costs

Answer

To the law society only

Answer

To the opposing party

Question 2

What is the duty of 'confidentiality' and how does it differ from 'solicitor-client privilege'?

Accepted Answer

Confidentiality is a broad ethical duty covering all information learned in the professional relationship, while solicitor-client privilege is a narrower evidentiary rule protecting communications made for the purpose of seeking or giving legal advice

Answer

They are identical concepts

Answer

Solicitor-client privilege is broader than the duty of confidentiality

Answer

Neither can ever be waived

Question 3

What must a lawyer do upon discovering a conflict of interest between two current clients?

Accepted Answer

Immediately assess whether the conflict can be resolved with informed consent, and if not, withdraw from one or both representations to avoid compromising either client's interests

Answer

Continue representing both clients but favour the longer-standing client

Answer

Ignore the conflict if neither client has complained

Answer

Report the conflict to the opposing counsel

Question 4

What is a lawyer's duty when they become aware that their client intends to commit a future crime?

Accepted Answer

The lawyer must attempt to dissuade the client; if unsuccessful, they must withdraw from the representation and may, in certain circumstances involving serious bodily harm or death, disclose information to prevent the crime under the 'future harm' exception

Answer

Report it to the police immediately in all cases

Answer

The lawyer must assist the client because of the duty of loyalty

Answer

The lawyer should do nothing because of solicitor-client privilege

Question 5

What are a lawyer's obligations regarding the handling of trust funds in Canada?

Accepted Answer

Trust funds must be held in a designated trust account, kept separate from the lawyer's own funds, properly recorded with detailed accounting, and only disbursed in accordance with the trust conditions

Answer

Trust funds can be mixed with the lawyer's personal funds

Answer

There are no specific rules about trust funds

Answer

Trust funds should be invested in high-return securities

Question 6

What is the 'duty of candour' owed by a lawyer to the court?

Accepted Answer

A duty to not knowingly mislead the court, to cite relevant adverse authorities, and to correct any false statements or evidence — even when this conflicts with the client's interests

Answer

A duty to always tell the court the client's version of events

Answer

A duty to provide the court with the lawyer's personal opinion on the case

Answer

A duty that only applies to criminal defence lawyers