Client Options: Range and Reality - Revision history

Drew Jackson: /* Professional conduct rules */

2018-10-11T12:00:35Z

Professional conduct rules

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	=== Professional conduct rules===		=== Professional conduct rules===
	The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct for British Columbia]").		The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ ''Code of Professional Conduct for British Columbia'']).

	==== Appearances before tribunals ====		==== Appearances before tribunals ====

Drew Jackson: /* Ethical and professional considerations */

2018-10-11T11:59:03Z

Ethical and professional considerations

← Older revision		Revision as of 11:59, 11 October 2018
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	=== Professional conduct rules===		=== Professional conduct rules===
	The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the '[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct for British Columbia]').		The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct for British Columbia]").

	==== Appearances before tribunals ====		==== Appearances before tribunals ====

Drew Jackson: /* Professional conduct rules */

2018-10-11T11:58:05Z

Professional conduct rules

← Older revision		Revision as of 11:58, 11 October 2018
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	=== Professional conduct rules===		=== Professional conduct rules===
	The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the '[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ 'Code of Professional Conduct for British Columbia'']).		The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the '[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct for British Columbia]').

	==== Appearances before tribunals ====		==== Appearances before tribunals ====

Drew Jackson at 11:53, 11 October 2018

2018-10-11T11:53:44Z

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	== A range of options==		== A range of options==
	~~Here~~ are some ways to categorize the client’s options.		In helping clients deal with consumer and debt problems, here are some ways to categorize the client’s options.

	=== 1. Do nothing ===		=== 1. Do nothing ===

Drew Jackson at 13:28, 5 October 2018

2018-10-05T13:28:55Z

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	~~{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}~~{{Consumer and Debt Law TOC}}		{{Consumer and Debt Law TOC}}

	== A range of options==		== A range of options==

Elena Renderos at 03:25, 5 October 2018

2018-10-05T03:25:14Z

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	=== Ethical principles===		=== Ethical principles===
	Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the ~~[[Code of Professional Conduct for British Columbia~~ [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ ''Code of Professional Conduct for British Columbia''].		Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct for British Columbia]''.

	Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct.		Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct.

Drew Jackson at 20:31, 2 October 2018

2018-10-02T20:31:37Z

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	It is particularly important for advocates, when faced with an ethical issue, to contact a lawyer for advice if there is any doubt about how the matter should be handled.		It is particularly important for advocates, when faced with an ethical issue, to contact a lawyer for advice if there is any doubt about how the matter should be handled.

			{{Consumer and Debt Law Navbox\|type = begin}}
	{{Consumer and Debt Law Navbox}}

	{{Creative Commons for PLS		{{Creative Commons for PLS

Elena Renderos at 19:05, 17 September 2018

2018-09-17T19:05:23Z

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	=== Ethical principles===		=== Ethical principles===
	Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the [[Code of Professional Conduct for British Columbia [[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/\|''Code of Professional Conduct for British Columbia'']].		Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the [[Code of Professional Conduct for British Columbia [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ ''Code of Professional Conduct for British Columbia''].

	Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct.		Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct.

Elena Renderos at 19:01, 17 September 2018

2018-09-17T19:01:11Z

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	=== Ethical principles===		=== Ethical principles===
	Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the [[Code of Professional Conduct for British ~~Columbiahttps~~://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/\|''Code of Professional Conduct for British Columbia'']].		Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the [[Code of Professional Conduct for British Columbia [[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/\|''Code of Professional Conduct for British Columbia'']].

	Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct.		Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct.

Elena Renderos at 20:01, 3 September 2018

2018-09-03T20:01:33Z

← Older revision		Revision as of 20:01, 3 September 2018
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	Threatening to report the criminal conduct of an opposing party for purposes of achieving some gain is improper. A classic example of this is threatening to report someone to the police if that person does not make good on an NSF cheque.		Threatening to report the criminal conduct of an opposing party for purposes of achieving some gain is improper. A classic example of this is threatening to report someone to the police if that person does not make good on an NSF cheque.

			=== The dishonest client===
			A '''dishonest client''' presents advocates with another ethical dilemma. You are entitled to begin by presuming that what a client tells you is truthful, though you may need to reconfirm those facts as other facts emerge.

			If a client tells a lawyer that they intend to lie at a proceeding (such as a court or tribunal hearing), the lawyer must advise the client that the lawyer will withdraw from acting for the client if the client insists on not telling the truth (''Code of Professional Conduct for British Columbia'', [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/chapter-3-–-relationship-to-clients/#3.7 chapter 3.7]). If the lawyer does withdraw, they are not allowed to explain why to the court or tribunal. The reasons lawyers withdraw, and the process for withdrawing from acting for a client, are set out in [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/chapter-3-–-relationship-to-clients/#3.7 chapter 3.7] of the Code.

			In recent years, the Law Society has repeatedly warned lawyers against acting for clients when it appears the client’s motives are fraudulent. Examples include when a client wants to have assets transferred to another party (it may be a fraudulent conveyance) or give one creditor (such as a relative) a proportionally larger payment on a debt compared with other creditors (it may be a fraudulent preference).

			=== Getting help with ethical issues===
			Aside from knowing and applying the basic rules of ethical conduct, a very important aspect of professionalism is knowing where and when to ask for help with an ethical issue. The [http://www.lawsociety.bc.ca/ Law Society of BC] has recognized this and provides considerable resources, including written materials and staff, to answer ethical questions from lawyers.
			It is particularly important for advocates, when faced with an ethical issue, to contact a lawyer for advice if there is any doubt about how the matter should be handled.


	{{Consumer and Debt Law Navbox}}		{{Consumer and Debt Law Navbox}}