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Difference between revisions of "Client Options: Range and Reality"
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Client Options: Range and Reality (view source)
Revision as of 20:01, 3 September 2018
, 20:01, 3 September 2018no edit summary
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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}} | ||