Lawyers' Ethics and Professional Regulation, 3rd Edition

Author: Alice Woolley; Richard F. Devlin; Brent Cotter; John M. Law
Publisher: LexisNexis Canada
ISBN: 9780433490302
Published In: August 2017
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

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.

Features

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 place) 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

Contributors
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)

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

Alice Woolley

Alice Woolley, B.A., LL.B., LL.M., is a Professor of Law at the University Calgary. She is the President of the Canadian Association for Legal Ethics as well as being the President of the International Association of Legal Ethics. Since April 2016 she has also served as the City of Calgary's Ethics Advisor. Professor Woolley has published many academic articles related to lawyer billing, the good character requirement for law society admission, the regulation of extra-professional misconduct, legal ethics teaching, access to justice, the regulation of civility, lawyers' fiduciary duties, lawyer, lawyer self-regulation, criminal defence and prosecution, lawyer advising, and the theoretical foundations of the lawyer's role. In addition, she is a lead editor on Lawyers' Ethics and Professional Regulation, 2nd Edition, also published by LexisNexis Canada. In 2015, Professor Woolley was named one of Canadian Lawyer's Top 25 Most Influential as a Changemaker.

Richard F. Devlin

Richard F. Devlin, LL.B., LL.M., is a Professor of law and university research at Dalhousie University. He has published widely in various areas, including legal theory, legal ethics, judicial education, and contracts.

Brent Cotter

Brent Cotter Q.C., B.Comm., LL.B., LL.M., is a Professor and former Dean at the College of Law at the University of Saskatchewan. He was formerly a law Professor at Dalhousie University and has been a visiting Professor at the University of Alberta and Duke University. Prior to his present position, he served for 12 years as a Deputy Minister with the Government of Saskatchewan in various capacities, including as Deputy Attorney General from 1992 to 1997. He was also the Chair of the Board of Directors, Canadian Association of Legal Ethics from 2012 to 2015.

John M. Law

John M. Law, B.A., LL.B., LL.M., is a Professor at the Faculty of Law at the University of Alberta. His research interests focus on administrative law, legal history, legal education, and professional responsibility. He has been actively involved in the governance of the legal profession having served on numerous Law Society committees, including the committee which authored the Law Society of Alberta Code of Professional Conduct.