Lawyers' Ethics and Professional Regulation, 3rd Edition
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This text is a comprehensive discussion of the professional responsibilities of lawyers in Canada. The book addresses issues related to the "law of ethics and lawyering" and provides tools for assisting students and practitioners in exercising the moral judgment which underlies all ethical decisions by lawyers. Case law and case studies are used to illustrate points and suggest solutions to problems that lawyers typically face during their day-to-day practice.
- Includes thought-provoking fact-based "scenarios" designed to engage the reading and encourage him or her to think through the implications and possible outcomes if they themselves were (or are ever placed) in a similar situation
- Draws on the expertise from over ten scholars in the Canadian legal ethics field
- Contains notes and questions for students
- Suggested further reading to assist readers in learning more about each topic
What's new in this edition?
- Entirely re-written chapters on Ethics and Criminal Law, and Access to Justice
- Updated case law including:
- Witness preparation and advocacy and civility – Groia v. Law Society of Upper Canada
- Duties to former clients – Ontario v. Chartis Insurance Co. of Canada
- Duties to current clients – SCC case Canadian National Railway Co. v. McKercher LLP
- Lawyer-client conflicts – Law Society of Saskatchewan v. Balon
- New discussion on changes in the regulatory approach now a more National than provincial approach to the regulation of lawyers as well as broadening the scope to Paralegals
- Updated discussion on corporate scandals
- Discussion on judicial fundraising (in relation to issue of judicial integrity) and independent research (in relation to issue of diligence)
- Updated discussion on self-regulation, competency issues in national requirements for approved law degree and discrimination in law school settings (i.e. the Trinity Western law school case)
- And more
Who needs this book?
- Law students taking courses in lawyers' ethics and professional responsibility
- Paralegal students taking courses in this area
- Lawyers who need a teaching tool for continuing legal education courses in lawyers' ethics comparing regulations and policy matters across most provinces
- Law libraries needing a Canadian reference on lawyers' ethics and professional regulation suitable for practitioners
- Law firms as a reference for articling students
Adam Dodek (University of Ottawa)
Amy Salyzyn (University of Ottawa)
Jamie Baxter (Dalhousie)
David Tanovich (University of Windsor)
Paul Paton (University of Alberta)
Trevor Farrow (Osgoode Hall Law School)
Stephen G. Pitel (University of Western Ontario)
Table of contents
Chapter 1: Introduction to Legal Ethics
Chapter 2: The Legal Profession and Lawyer Regulation in Canada
Chapter 3: The Lawyer-Client Relationship
Chapter 4: The Lawyer's Duty to Preserve Client Confidences
Chapter 5: The Duty of Loyalty and Conflicts of Interest
Chapter 6: Ethics in Advocacy
Chapter 7: Counselling and Negotiation
Chapter 8: Ethics and Criminal Law Practice
Chapter 9: Lawyers in Organizational Settings: Corporate Counsel
Chapter 10: Government Lawyers
Chapter 11: Judges' Ethics, Lawyers' Dilemmas
Chapter 12: Access to Justice
Chapter 13: Issues in Regulation
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