Halsbury's Laws of Canada – Legal Profession (2017 Reissue)
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Regardless of their field of specialization, all lawyers 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 (2017 Reissue) title sets out the law governing the practice of law in Canada. This title includes a narrative of how the legal profession is regulated in the various provincial and territorial 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, issues of professional conduct and duties towards the court and other lawyers.
Specific topics covered include:
- Powers of the provincial and territorial 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 and 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
- The retainer
- 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
Table of contents
Table of Contents
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