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Client Options: Range and Reality (view source)
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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. | ||
=== Communication skills=== | |||
The Law Society stresses that many complaints about lawyers can be avoided by '''good lawyer-client communications'''. The primary responsibility for communication rests with the lawyer, who should ensure that: | |||
* clients are kept informed of the progress of their file,
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* clients are adequately briefed on the various options available to resolve a problem, and
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* clients’ inquiries are handled promptly and efficiently.
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There are a range of techniques to properly communicate with clients, including returning phone calls promptly, sending copies of correspondence to clients, explaining legal concepts in simple terms, and giving realistic advice to clients. | |||
=== 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'']). | |||
==== Appearances before tribunals ==== | |||
Advocates are not permitted to '''represent clients''' in the superior courts of the province, but there may be limited instances when they can assist in the presentation of cases in the three divisions of the Provincial Court of British Columbia. The rules for appearances in other tribunals vary considerably. | |||
==== Confidentiality ==== | |||
The ''Code of Professional Conduct'' contains a section ([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/#3.3 chapter 3.3]) on '''confidentiality'''. Among other things, it provides that a lawyer must hold in strict confidence and not divulge information concerning the affairs of a client, unless: | |||
* authorized by the client to share the information,
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* required by the law, a court or the Law Society to do so, or
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* the rules of conduct otherwise permit the sharing of the information.
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==== Conflicts of interest ==== | |||
The ''Code of Professional Conduct'' spells 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/#3.4 chapter 3.4]) a duty to avoid '''conflicts of interest'''. There are two main situations in which this rule applies: | |||
* It applies most obviously where '''parties are directly opposed to each other''' in a matter. An advocate or different advocates within the same organization cannot act for opposing parties. In practice, it is important for advocates and their organizations to develop and to follow internal procedures that detect conflicts early on, and to follow procedures to refer one or more of the clients in conflict situations to outside representation.
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* The rule may also apply where an advocate is '''asked to act for more than one party''', even where it appears initially that the parties have all interests in common. For example, an advocate may be approached by two spouses being sued by a creditor. In general, it may be safe to act for both. However, be alert to the possibility of conflicts if there appear to be matrimonial problems between the spouses, or if one of the parties appears to be unreasonably influenced by the other. If conflicts do arise after an advocate agrees to act for two or more people, it generally means that the advocate must stop acting for any of the parties.
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==== Contacting other parties or witnesses ==== | |||
Chapters 5 and 7 of 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''] prohibit lawyers from being in '''direct contact with opposing parties or with witnesses represented by another lawyer''', unless there is explicit permission to do so. | |||
The Code requires lawyers who contact any unrepresented person to make it clear to the unrepresented person that the lawyer is acting exclusively in the interests of the lawyer’s client, and to urge the unrepresented person to obtain independent legal representation. | |||
In general, lawyers can contact unrepresented witnesses. However, it is important to be clear about who you are representing. | |||
==== Threatening ==== | |||
There is a range of prohibitions against '''communicating in a threatening way'''. The ''Code of Professional Conduct for British Columbia'' has a number of general rules that call on lawyers to conduct themselves in a professional manner. Behaviour such as swearing at an opposing party or at that party’s lawyer is considered unprofessional. Threatening to report a lawyer to the Law Society, for some advantage, is also unprofessional. | |||
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. | |||
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