[In force January 1, 1992]
These Canons of Legal Ethics are a general guide, and not a
denial of the existence of other duties equally imperative and of other
rights, though not specifically mentioned.
A lawyer is a minister of justice, an officer of the courts, a
client's advocate, and a member of an ancient, honourable and learned
profession.
In these several capacities it is a lawyer's duty to promote the
interests of the state, serve the cause of justice, maintain the
authority and dignity of the courts, be faithful to clients, be candid
and courteous in relations with other lawyers and demonstrate personal
integrity.
1. To the state
(1) A lawyer owes a duty to the state, to maintain its integrity and
its law. A lawyer should not aid, counsel, or assist any person to act
in any way contrary to the law.
(2) When engaged as a Crown prosecutor,
a lawyer's primary duty is
not to seek a conviction but to see that justice is done; to that end
the lawyer should make timely disclosure to the defence of all facts and
known witnesses whether tending to show guilt or innocence, or that
would affect the punishment of the accused.
(3) A lawyer should accept without hesitation, and if need be without
fee or reward, the cause of any person assigned to the lawyer by the
court, and exert every effort on behalf of that person.
2. To courts and tribunals
(1) A lawyer's conduct should at all times be characterized by
candour and fairness. The lawyer should maintain toward a court or
tribunal a courteous and respectful attitude and insist on similar
conduct on the part of clients, at the same time discharging
professional duties to clients resolutely and with self-respecting
independence.
(2) Judges, not being free to defend themselves, are entitled to
receive the support of the legal profession against unjust criticism and
complaint. Whenever there is proper ground for serious complaint
against a judicial officer, it is proper for a lawyer to submit the
grievance to the appropriate authorities.
(3) A lawyer should not attempt to deceive a court or tribunal by
offering false evidence or by misstating facts or law and should not,
either in argument to the judge or in address to the jury, assert a
personal belief in an accused's guilt or innocence, in the justice or
merits of the client's cause or in the evidence tendered before the
court.
(4) A lawyer should never seek privately to influence a court or
tribunal, directly or indirectly, in the lawyer's or a client's favour,
nor should the lawyer attempt to curry favour with juries by fawning,
flattery, or pretended solicitude for their personal comfort.
Annotations
3. To the client
(1) A lawyer should obtain sufficient knowledge of the relevant facts
and give adequate consideration to the applicable law before advising a
client, and give an open and undisguised opinion of the merits and
probable results of the client's cause. The lawyer should be wary of
bold and confident assurances to the client, especially where the
lawyer's employment may depend on such assurances. The lawyer should
bear in mind that seldom are all the law and facts on the client's side,
and that
audi alteram partem is a safe rule to follow.
(2) A lawyer should disclose to the client all the circumstances of
the lawyer's relations to the parties and interest in or connection with
the controversy, if any, which might influence whether the client
selects or continues to retain the lawyer. A lawyer shall not act where
there is a conflict of interests between the lawyer and a client or
between clients.
(3) Whenever the dispute will admit of fair settlement the client should be advised to avoid or to end the litigation.
(4) A lawyer should treat adverse witnesses, litigants, and counsel
with fairness and courtesy, refraining from all offensive personalities.
The lawyer must not allow a client's personal feelings and prejudices
to detract from the lawyer's professional duties. At the same time the
lawyer should represent the client's interests resolutely and without
fear of judicial disfavour or public unpopularity.
(5) A lawyer should endeavour by all fair and honourable means to
obtain for a client the benefit of any and every remedy and defence
which is authorized by law. The lawyer must, however, steadfastly bear
in mind that this great trust is to be performed within and not without
the bounds of the law. The office of the lawyer does not permit, much
less demand, for any client, violation of law or any manner of fraud or
chicanery. No client has a right to demand that the lawyer be illiberal
or do anything repugnant to the lawyer's own sense of honour and
propriety.
(6) It is a lawyer's right to undertake the defence of a person
accused of crime, regardless of the lawyer's own personal opinion as to
the guilt of the accused. Having undertaken such defence, the lawyer is
bound to present, by all fair and honourable means and in a manner
consistent with the client's instructions, every defence that the law of
the land permits, to the end that no person will be convicted but by
due process of law.
(7) A lawyer should not, except as by law expressly sanctioned,
acquire by purchase or otherwise any interest in the subject-matter of
the litigation being conducted by the lawyer. A lawyer should
scrupulously guard, and not divulge or use for personal benefit, a
client's secrets or confidences. Having once acted for a client in a
matter, a lawyer must not act against the client in the same or any
related matter.
(8) A lawyer must record, and should report promptly to a client the
receipt of any moneys or other trust property. The lawyer must use the
client's moneys and trust property only as authorized by the client, and
not co-mingle it with that of the lawyer.
(9) A lawyer is entitled to reasonable compensation for services
rendered, but should avoid charges which are unreasonably high or low.
The client's ability to pay cannot justify a charge in excess of the
value of the service, though it may require a reduction or waiver of the
fee.
(10) A lawyer should try to avoid controversies with clients
regarding compensation so far as is compatible with self-respect and
with the right to receive reasonable recompense for services. A lawyer
should always bear in mind that the profession is a branch of the
administration of justice and not a mere money-making business.
(11) A lawyer who appears as an advocate should not submit the
lawyer's own affidavit to or testify before a court or tribunal except
as to purely formal or uncontroverted matters, such as the attestation
or custody of a document, unless it is necessary in the interests of
justice. If the lawyer is a necessary witness with respect to other
matters, the conduct of the case should be entrusted to other counsel.
Annotations
4. To other lawyers
(1) A lawyer's conduct toward other lawyers should be characterized
by courtesy and good faith. Any ill feeling that may exist between
clients or lawyers, particularly during litigation, should never be
allowed to influence lawyers in their conduct and demeanour toward each
other or the parties. Personal remarks or references between lawyers
should be scrupulously avoided, as should quarrels between lawyers which
cause delay and promote unseemly wrangling.
(2) A lawyer should neither give nor request an undertaking that
cannot be fulfilled and should fulfil every undertaking given. A lawyer
should never communicate upon or attempt to negotiate or compromise a
matter directly with any party who the lawyer knows is represented
therein by another lawyer, except through or with the consent of that
other lawyer.
(3) A lawyer should avoid all sharp practice and should take no
paltry advantage when an opponent has made a slip or overlooked some
technical matter. A lawyer should accede to reasonable requests which do
not prejudice the rights of the client or the interests of justice.
Annotations
5. To oneself
(1) A lawyer should assist in maintaining the honour and integrity of
the legal profession, should expose without fear or favour before the
proper tribunals, unprofessional or dishonest conduct by any other
lawyer and should accept without hesitation a retainer against any
lawyer who is alleged to have wronged the client.
(2) It is the duty of every lawyer to guard the Bar against the
admission to the profession of any candidate whose moral character or
education renders that person unfit for admission.
(3) A lawyer should make legal services available to the public in an
efficient and convenient manner that will command respect and
confidence. A lawyer's best advertisement is the establishment of a
well-merited reputation for competence and trustworthiness.
(4) No client is entitled to receive, nor should any lawyer render
any service or advice involving disloyalty to the state, or disrespect
for the judicial office, or the corruption of any persons exercising a
public or private trust, or deception or betrayal of the public.
(5) A lawyer should recognize that the oaths taken upon admission to the Bar are solemn undertakings to be strictly observed.
(6) All lawyers should bear in mind that they can maintain the high
traditions of the profession by steadfastly adhering to the
time-honoured virtues of probity, integrity, honesty and dignity.
* * *
Canon 2 - To courts and tribunals
Where the issue of liability has been settled and where the issue of
quantum is to be argued, and where the plaintiff in the matter dies, a
lawyer acting for the plaintiff has a duty to inform both the clerk of
the court and opposing counsel of the plaintiffs death.
EC March 1993, item 7
Where a plaintiff in a personal injury litigation dies intestate shortly after
judgment
is pronounced, where the order reflecting the judgment has not yet been
entered and there are outstanding matters to be resolved, and where no
administrator has been appointed, plaintiffs counsel is under an ethical
obligation to notify forthwith both the court and opposing counsel of
the death of his client.
EC April 1994, item 5
In the absence of official court approval or a Law Society rule that
stipulates how a lawyer should dress for court, it is inappropriate for a
lawyer to depart from customary dress when required to be gowned.
EC May 1997, item 9
A lawyer who is negligent and reckless and displays a casual
disregard for the truth in making misrepresentations to the court and to
the Law Society, is guilty of professional misconduct.
DCD 01-16
Letters to the Law Society, with copies to the client and another
lawyer, which criticize the judiciary and another lawyer are
inappropriate. It is not in the best interests of the justice system,
clients, or the profession for lawyers to express themselves in a
fashion that promotes acrimony or intensifies the stress and difficulty
that people are under.
2003 LSBC 30
Lawyers robe should not bear the words duty counsel or any other markings.
EC June 2003, item 5
A lawyers intemperate and disrespectful behaviour in court can amount
to professional misconduct and conduct unbecoming a member.
DD 04/02
Canon 3 - To the client
A lawyer billed his client for fees based on a percentage of funds
held in trust, even though his retainer agreement required that he bill
on an hourly rate. He did so because he realized his neglect in
accurately recording his time meant he would otherwise not be
remunerated for that time. The bill was far in excess of the value of
the services provided when calculated on an hourly basis. His conduct
constituted professional misconduct.
DCD 01-27
A lawyer charged and billed to clients approximately $75 in personal
disbursements, which he believed represented a fair set-off for
disbursements that he paid personally on their behalf while working at
home. Although it was done for administrative convenience, it
constituted professional misconduct.
2004 LSBC 38
A lawyer was found guilty of professional misconduct for abandoning a
criminal client in mid-trial (to attend to a new, unrepresented client
in another courtroom) and in treating the judge with disrespect.
2005 LSBC 10
Subject to the caveat that a lawyer must not represent a client who
is acting out of malice, a lawyer is entitled to take account of a
client’s ability to pay in setting a reduced fee, or in acting without
fee, and the lawyer is under no obligation to consider an opposing
party’s circumstances in determining the fee.
EC December 2007, item 6
Canon 4 -To other lawyers
When a caveat has been filed in one Supreme Court registry but not in
others through inadvertence, it is sharp practice for a lawyer to apply
for letters of administration without notifying the lawyer who filed
the caveat of the proposed application.
EC March 1996, item 7
The opinion describes situations that the Ethics Committee believes do or do not fall within the rule.
EC May 2009, item 6
A lawyer representing plaintiffs learned from the trial coordinator
that the trial had been removed from the trial list and agreed to inform
opposing counsel of the adjournment. However, he delayed informing
opposing counsel of the adjournment for fear of jeopardizing a
settlement opportunity. The lawyers failure to inform opposing counsel
constituted professional misconduct.
DCD 97-01
Failure to advise opposing counsel that you are not the lawyer for
one of the parties, knowing they believe that to be the case,
constitutes professional misconduct.
DCD 99-04
A lawyer who assisted his client to carry out certain corporate
procedures using the proxy of an unrepresented shareholder, without the
knowledge of or notice to the shareholder, is sharp practice amounting
to professional misconduct.
DCD 00-10
Failure to immediately send material to the other party as required
by a court order does not constitute professional misconduct if it is
due to inadvertence, not impropriety. Failing to provide information to
the other party because of limitations of the retainer does not amount
to professional misconduct.
DCD 00-16
A lawyer who had an inappropriate verbal exchange with another lawyer
during a trial adjournment and pressed his chest against hers was
guilty of professional misconduct, even though his actions were
unplanned and were not intended to intimidate. Whenever physical contact
occurs between lawyers in a confrontational situation, it will be
treated as aggravated and unjustified conduct.
DCD 01-09 and DCD 01-15
A lawyer who was representing the vendor in a real estate transaction
gave his undertaking to the purchasers solicitor that he would pay all
property tax arrears, penalties, and outstanding utility charges from
the sale proceeds. He advised the purchasers lawyer that he had
completed his undertakings, but the vendor himself had paid the charges
with a cheque that was returned for insufficient funds. It was
professional misconduct to rely on his client to pay the charges.
DCD 02-09
It is professional misconduct to make statements, at a social
gathering, about another lawyers alleged professional negligence, and to
make allegations that the lawyer will be disbarred.
DCD 03-10
Purporting to serve a writ by fax, knowing it is not proper service, is professional misconduct.
2003 LSBC 44
http://www.lawsociety.bc.ca/page.cfm?cid=1027&t=Professional-Conduct-Handbook-Chapter-1-Canons-of-Legal-Ethics
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