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From: dave@utcsrgv.UUCP (Dave Sherman)
Newsgroups: net.legal
Subject: Re: "The client is always right" considered harmful
Message-ID: <2058@utcsrgv.UUCP>
Date: Tue, 23-Aug-83 10:36:21 EDT
Article-I.D.: utcsrgv.2058
Posted: Tue Aug 23 10:36:21 1983
Date-Received: Tue, 23-Aug-83 14:59:33 EDT
References: <2054@utcsrgv.UUCP>
Organization: The Law Society of Upper Canada, Toronto
Lines: 62

Peter Rowley has suggested that lawyers act unethically to protect
their clients. In Ontario that is simply *not permitted*.

The Rules of Professional Conduct are quite clear about this.
The lawyer must "represent his client resolutely, honourably,
and within the limits of the law" (Rule 8).
	"The lawyer must not, for example:
	...
	(b) knowingly assist or permit his client to do anything
	    which the lawyer considers to be dishonest or dishonourable;
	...
	(e) knowingly attempt to deceive a tribunal or influence the
	    course of justice by offering false evidence, mis-stating
	    facts or law, presenting or relying upon a false or deceptive
	    affidavit, or otherwise assisting in any fraud, crime or
	    illegal conduct.
	(Rule 8, Commentary 1)

2.(b) if the client desires that a course be taken which would involve
a breach of this Rule, the lawyer must refuse and to everything reasonably
possible to prevent it. If he cannot do so he should ... withdraw or seek
leave to withdraw [from acting for the client].    (Rule 8, Commentary 2).

Peter suggests that "lawyers are protected from being asked about crimes
committed by their clients". Well, in most cases they have no personal
knowledge (being told by the client is not "personal knowledge") so it
wouldn't be admissible in evidence anyway. However, there is also
a strict principle of confidentiality, so that clients can tell their
lawyers things in confidence, with the assurance that they won't be
passed on to the authorities.

Rule 8, Commentary 9 provides:
... if the accused clearly admits to his lawyer the factual and mental
elements necessary to constitute the offence, the lawyer, if convinced
that the admissions are true and voluntary, may properly take objection
to the jurisdiction of the court, or to the form of the indictment, or
to the admissibility or sufficiency of the evidence, but he may not
suggest that some other person committed the offence or call any evidence
in support of an alibi...

========================

Obviously, there are lawyers who are unethical. But from my experience,
most work *within* the system and within the constraints of the Rules
of Professional Conduct.

Bar Admission students take a course on Ethics and Professional
Responsibility during their articling period. They must write an
exam in which they are faced with a number of difficult issues
(such as when the duty of confidentiality and duty of honesty to
the court conflict). They then discuss their answers with their
principal (the lawyer they are articling for).

There are a lot of difficult ethical questions, and some of them aren't
easily resolvable. But to suggest that lawyers have no ethical standards
or Code of Professional Conduct is wrong.

Dave Sherman
The Law Society of Upper Canada
Toronto
-- 
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