Halsbury's Laws of Canada - Legal Profession (2013 Reissue)
Publisher: LexisNexis Canada
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Regardless of their field of specialization, every lawyer must be aware of the rules that govern legal practice, regulate interactions with clients and govern financial obligations and reporting practices.
Newly revised and thoroughly updated, the Halsbury's Legal Profession (2013 Reissue) title sets out the law governing the practice of law in Canada. It includes a narrative of how the legal profession is regulated in the various provincial jurisdictions, requirements regarding entry into the profession and educational standards, the organization and conduct of a law practice, financial and reporting requirements, the rules and obligations governing client relationships and interaction with the public, and issues of professional conduct and duties towards the court and other lawyers.
Specific topics covered include:
- Powers of the provincial law societies
- Entry to the Profession
- Mandatory educational requirements
- Rules governing Inter-provincial mobility of lawyers
- Temporary practice agreements
- Readmission after disbarment
- Organization of practice
- Fiduciary duties to partners and duty to account
- Limited liability partnerships and law corporations
- Multi-discipline practices or partnerships
- Paralegals and mediator
- Financial reporting requirements
- Trust money and general retainers
- Exemptions from money handling obligations
- Trust withdrawal and payments
- Books and record keeping requirements
- Advertising and ethics
- Contents of permissible advertising
- Statutory requirements
- Limitations on solicitation
- Competition from current and past partners and conflicts of interest
- Custodianship of a practice
- Complaints against members
- Law society and external review
- Discipline Tribunals
- Grounds for disciplinary action
- Professional misconduct and conduct unbecoming a lawyer
- Appeals and reinstatement
- Client relations
- The retainer
- When a lawyer may not be retained and must be retained
- Acceptance of a retainer
- Instructing parties other than an individual client
- Legal aid
- Withdrawal by client, by lawyer, by judicial orders
- The solicitor-client relationship
- Communications with the Client
- Confidentiality and fiduciary duties
- Disqualification for conflict of interest
- Defences and protective devices
- Professional Liability
- Standard of Care
- Scope of Duty to clients and third parties
- Damages and other consequences of malpractice
- Disentitlement to fees and liability to pay costs
- Professional Insurance
- Delivery, form and frequency of bills
- Enforcing Payment of Charges for Legal Services
- Taxation of bills, and contracting out
- Interactions with Other Lawyers and the courts
- General Obligation of Respect
- Reporting Lawyer Misconduct
- Principal-Articling Student Responsibilities
- Professional Undertakings
- Lawyer's Duty to the Court
- Enhanced contents
- General table of contents to the level of Chapter headings
- Detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations - An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources - Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions - Identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions
Table of Contents
Table of Contents
- Table of Cases
- Table of Statutes and Statutory Instruments
- List of Related Titles
I. Regulation of the Legal Profession in Canada
II. Education, Training and Qualification
III. Regulation of Practice
IV. Relationships with Clients and General Public
V. Professional Relationships with Other Lawyers and Other Persons
VI. Relationships with Courts
Lorne Sossin, B.A., M.A., Ph.D., LL.B., J.S.D., Jakub Adamski, B.A., B.C.L., LL.B., LL.M. et al.
Professor Lorne Sossin, B.A., M.A., Ph.D., LL.B., J.S.D., is a Professor at the Faculty of Law, University of Toronto whose teaching interests span administrative law, public administration, professional regulation, civil litigation, ethics & professionalism and legal process. He holds doctorates in Law from Columbia University and in Political Science from the University of Toronto. He is also a Visiting Scholar at Borden Ladner Gervais and a former law clerk to the Chief Justice of the Supreme Court of Canada.
Professor Sossin is the author of over 50 articles and books and a frequent advisor to government. He had been commissioned to write papers for the Gomery Inquiry, the Ipperwash Inquiry, the Panel on the Role of Government and the Expert Commission on Pensions, in addition to the Inquiry into Pediatric Forensic Pathology headed by Justice Stephen Goudge. He is a part-time member of the Health Professions Appeal and Review Board, and serves on the Boards of the Law Foundation of Ontario, Pro Bono Law Ontario, and the Ontario Justice Education Network. In January, 2008, Professor Sossin will become the Director of the Faculty of Law's new Centre for Professionalism, Ethics and Public Service.
Jakub Adamski, B.A., B.C.L., LL.B., LL.M.,
is an independent legal consultant who provides editorial, research and writing expertise to a wide range of academic and legal clients. He is a former Harlan Fiske Stone Scholar at Columbia Law School.
In addition, the Legal Profession title benefits from the combined expertise of many of Canada's leading practitioners.
Jakub Adamski, B.A., B.C.L., LL.B., LL.M.
Jakub Adamski, B.A., B.C.L., LL.B., LL.M.
, is a lawyer who articled with a leading Toronto law firm after completing his legal education at McGill University and Columbia Law School. He practices in litigation and corporate law. He has maintained a strong interest in legal education by lecturing business associations and corporate law history at the Faculty of Law, McGill University and sale of goods and contract law at the Université de Montréal. He is the co-author (with Angela Swan) of Canadian Contract Law, 3rd Ed.
and the Contracts
title for Halsbury's Laws of Canada
, and he has also co-authored several case comments and presentations.
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