Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition

 
Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition
Author(s):
 
ISBN:
978-1-55239-623-0
 
Publisher:
Emond Montgomery Publications
 
Page Count:
704
 
Status:
Available
 
Copyright Date:
2014
 
Subjects:
Ethics
 
 
 
 
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The print edition of Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition includes a PDF ebook. Look for your PIN code card inside the front cover.

“I’ve heard one common statement from students: 'Legal ethics is just common sense, and I already know what is right and wrong.' I have always struggled with this point because, especially in the diverse population at Canadian universities, we can no longer assume a common morality or common sense. Looking at the law through a regulatory filter takes students out of their comfort zone, and challenges them in a new way. If I learned anything in my time in private practice, it’s that nothing is black and white in legal ethics. This reality is what students need to know, and Graham’s approach is one that we could all learn from. It teaches the student to reason and to think. My students learned in a new and revolutionary way. I love legal ethics, and I really appreciate this dynamic text."

— Dr. Frances E. Chapman, PhD, LLM, JD, BA (Hons), Lakehead University Faculty of Law

Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition has been newly adapted to reference the Federation of Law Societies’ Model Code of Professional Conduct as its primary source of ethical rules, so that it may apply to all Canadian jurisdictions. With particular attention to the regulator’s perspective, it delivers a practical and predictive assessment of legal ethics, presenting lawyers’ ethical obligations in direct relation to the concepts that are of greatest concern to regulators. This casebook delivers a structured and rational assessment of ethical decision-making by tying it to predictable and measurable costs and benefits, and examining the impact of decision outcomes on the social functions of the legal system.

The third edition of Legal Ethics: Theories, Cases, and Professional Regulation features an expanded section on the Good Character requirement that applies to students on their admission to the bar, as well as a new section on Civility, and recent developments in the expanding Duty of Loyalty. The regulatory approach presented by the author demystifies nebulous notions of “ethics” and “morality” by examining the efficient functioning of the legal system, the effect of rules on self-interested actors, the goals of deterrence and compensation, and the implications of a self-governing profession.

Throughout this edition of Legal Ethics: Theories, Cases, and Professional Regulation, surprising theoretical situations are introduced to illuminate the intricacies of legal ethics and demonstrate how they are applied in practice. Extensive sample questions, illustrative scenarios, and hypothetical case studies will provoke lively classroom discussion and thoughtful analysis of the ethical principles being considered. This casebook delivers a thorough and methodical account of legal ethics that will equip students with the insight and analytical capacity to apply their knowledge in a wide variety of practical and professional contexts.

Includes PIN card that can be redeemed to access the ebook. Ebooks contain hyperlinks to full-text judgments on CanLII
  • References the Federation of Law Societies’ Model Code of Professional Conduct as the primary source of ethical rules
  • Introduces a regulatory model of legal ethics that assesses the resource and efficiency implications of ethical duties and their overall impact on the functioning of the legal system
  • Demonstrates that moral and ethical systems are most effectively regulated through an approach rooted in micro-economic analysis
  • Clarifies notions of “morality” and “ethics” by focusing on:
    • the efficient functioning of the legal system
    • the effect of particular rules on self-interested actors
    • the goals of deterrence and compensation
    • the impact of a self-governing profession
  • Includes an expanded section on “The Good Character”
    • Melnick v. Law Society of Upper Canada, 2013 ONLSAP 27
  • A new section addresses “Civility” and the cost implications of regulating “rude behaviour” by lawyers
    • Groia v. Law Society of Upper Canada, 2013 ONSLAP 41
  • Accounts for recent developments in the expanding “Duty of Loyalty,” with particular attention to conflicts arising between a lawyer’s current clients
    • Scrutinizes the Supreme Court’s re-articulation of “The Bright Line Test” in Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39
  • Examines conflict and withdrawal, and non-payment fees
    • R. v. Cunningham, 2010 SCC 10

Table of Contents

Chapter 1: Overview
I. Introduction
A. A Regulatory Model of Legal Ethics
B. A New Perspective
C. Ethical Choices
II. The Nature of Ethics
A. Introduction: What Are Ethics?
B. The Roots of Ethical Systems
C. Altruism
D. Valuation of Choices
E. Utility and Maximization
Adams v. Law Society of Alberta
Notes and Questions
III. The Goals and Functions of a Regulatory Model of Legal Ethics
A. Introduction
B. What a Regulatory Model Can Do
C. What the Regulatory Model Does Not Intend to Do
Law Society of Upper Canada v. Ault
Notes and Questions
IV. Conclusion
Chapter 2: Lawyers' Ethics, Lawyers' Oaths, and Client Selection
I. Lawyers' Ethics
A. The Moral World of Lawyers
B. The Traditional Conception of Legal Ethics
C. The Lawyer's Institutional Role
Tuckiar v. The King
Notes and Questions
Rondel v. Worsley
Notes and Questions
R v. Delisle
Notes and Questions
II. Problems with the Traditional Model
A. Introduction
B. Questioning the "Ethically Sterile Wasteland"
III. Lawyer's Ethical Decisions
IV. Oaths and Codes of Ethics
A. Introduction
B. The Regulator's Perspective
C. Regulating Morals
Law Society of Upper Canada v. Clark
Notes and Questions
V. Client Selection
A. Introduction
B. The "Cab Rank" Rule
C. Client Selection and Client Service Under the Neutral-Conduit Model
VI. Complicating Factors
A. The Lowly Associate
B. Self-Interest Versus Client Interest
R v. Murray
Notes and Questions
VII. Conclusion
Chapter 3: Integrity, Good Character, and Civility
I. Introduction to Specific Ethical Duties
II. Integrity
A. Introduction
B. Assessing "Integrity"
Law Society of New Brunswick v. Ryan
Notes and Questions
III. Good Character
A. Introduction
P. (D.M.) (Re)
Notes and Questions
Law Society of Upper Canada v. D'Souza
Notes and Questions
Law Society of Upper Canada v. Burgess
Notes and Questions
Law Society of Upper Canada v. Shore
Notes and Questions
Melnick v. Law Society of Upper Canada
IV. Civility
Groia v. Law Society of Upper Canada
V. Conclusion
Chapter 4: Confidentiality
I. The Duty of Confidentiality
A. Introduction
B. Rationale
II. Overview
Smith v. Jones
Notes and Questions
III. Use of Information
Szarfer v. Chodos
Notes and Questions
IV. The Interests Protected
Geffen v. Goodman Estate
Notes and Questions
V. Promoting Justice
R v. Jack
Notes and Questions
VI. Duty to Assert
Bell v. Smith
Notes and Questions
VII. Legislative Erosion
R v. Fink
Notes and Questions
VIII. Summary of the Guiding Principles
Stewart v. Canadian Broadcasting Corporation
Notes and Questions
IX. Conclusion
Chapter 5: Exceptions to Confidentiality
I. Introduction
II. Lawyer Self-Interest
R v. Dunbar
Notes and Questions
III. Innocence at Stake
A. Introduction
B. The Traditional Conception
R v. Derby Magistrates' Court
Notes and Questions
C. The Current Canadian Position
R v. McClure
Notes and Questions
IV. Future Harm/Public Safety
V. Disclosure Required by Law
Questions
VI. Authorized Use or Disclosure
A. Rules of Professional Conduct
B. Rationale
VII. Public Knowledge
Ott v. Fleishman
Notes and Questions
VIII. A General Exception: Utility Maximization
IX. Conclusion
Chapter 6: Conflicts of Interest
I. Introduction
A. Overview
B. Professional Regulations
C. The Duty of Loyalty
II. General Principles
MacDonald Estate v. Martin
Notes and Questions
III. Joint Retainer
R v. Widdifield
Notes and Questions
IV. Acting Against Clients
A. Opposing Former Clients: Successive Representation
R v. Zwicker
Notes and Questions
B. Lateral Moves
R v. J. (G.P.)
Notes and Questions
C. MacDonald Estate v. Martin Revisited
D. Opposing Current Clients: Concurrent Representation
Strother v. 3464920 Canada Inc.
Notes and Questions
Canadian National Railway Co v. McKeracher LLP
Notes and Questions
V. Conflicts Arising as a Result of the Lawyers’ Fees
A. Introduction
B. Third-Party Fee Payments
R v. Stork and Toews
Notes and Questions
C. Contingency Fees
D. Non-Payment of Fees
R v. Cunningham
Notes and Questions
VI. The Lawyer's Personal Interest
A. Overview
Regina v. Laperrière
Notes and Questions
B. Sexual Relationships with Clients
Law Society of Upper Canada v. Hunter
Notes and Questions
VII. Conclusion
Chapter 7: The Ethics of Advocacy
I. Introduction
II. Defending the Guilty
A. Introduction
B. Justifications for Defending the Guilty
Benefits of Defending Guilty Clients
Costs of Defending Guilty Clients
C. Relevant Rules of Professional Conduct
Tuckiar v. The King
Notes and Questions
R v. Li
Notes and Questions
III. Client Perjury
Meek v. Flemming
Notes and Questions
Re Jenkins and The Queen
Notes and Questions
IV. Conclusion
Chapter 8: Compensation for Victims
I. Introduction
A. Who Is the Regulator?
B. Why Regulate?
C. Informational Asymmetry
D. Negative Externalities
II. The Compensatory Model
A. Introduction
B. Regulating Torts and Contracts
C. Internalizing Costs
D. Paying the Cost of Ethical Breaches
III. Advantages of the Compensatory Model
A. Efficient Incentives
B. Redressing Wrongs: The Victim's Perspective
IV. A Compensatory Model of Legal Ethics
A. Introduction
B. Costs to Society
Exercise
C. The Regulator's Perspective
V. Problems with the Compensatory Model
A. Introduction
B. Non-Compensable Harm
C. Quantifying Harms
D. Getting Caught
VI. Conclusion
Chapter 9: Punishment of Unethical Conduct
I. The Punishment Model
A. Introduction
B. The Goals of the Punishment Model
C. What Acts Should Be Punished?
D. The Rational, Amoral Lawyer
E. Calculating Optimal Punishments
II. Case Study: Wijesinha
R v. Wijesinha
Law Society of Upper Canada v. Wijesinha
Notes and Questions
III. Conclusion
 
 
 
 
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Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition

Format: Print
Cover: Hardcover
Colour: One colour
Status: Available
ISBN/ISSN: 978-1-55239-623-0

Price: $113.00
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