Archive for the ‘ethics’ Category
March 14, 2013
Here’s something that made me do a double-take:
[6] First, the appellant contends that the trial judge erred in relying on evidence given by counsel (Mr. Callahan) during his submissions.
[7] We do not accept this submission. Although Mr. Callahan was a named respondent in the application, the appellant consented to his appearance as counsel. Moreover, on our review of the record, to the extent that Mr. Callahan’s submissions went beyond the record on factual issues, they were not relied on by the application judge.
…
[12] This is not a case for costs. Although we appreciate that the respondent did not object to Mr. Callahan appearing as counsel either here or below, the reality is that he was a named respondent and that his conduct was central to the factual circumstances giving rise to both the application and this appeal. He should not have appeared as counsel in either forum.
Huh? Did I read that excerpt correctly?
The respondent, a lawyer, appearing as counsel below and before the appeal panel does not constitute a palpable and overriding error?
The reason?
The appellant’s consent?
What about procedural fairness and the court’s inherent jurisdiction in controlling its own process and avoiding bringing the administration of justice into disrepute?
How about the fact that the lawyer is an officer of the court and under the Rules of Professional Conduct owes a duty to uphold the integrity of the legal profession and the public administration of justice by avoiding real or apprehended conflicts of interest?
What about the prohibition against appearing as counsel in one’s own cause?
Ricciuto v. Somers, 2013 ONCA 153 (Ont. C.A.) per curiam: Doherty, MacPherson and Watt JJ.A.
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Tags:Appeal, Counsel, Court of Appeal for Ontario, Judicial, Law, Respondent, Trial court
Posted in conflict of interest, costs, Court of Appeal for Ontario, courts, Courts of Justice Act, due process, ethics, procedural fairness, Procedural Justice, procedure, professional, reasonable apprehension of bias | Leave a Comment »
March 13, 2013
Kelly Lynn Anders has published “Ethical Exits: When Lawyers and Judges Must Sever Ties on Social Media”, Charleston Law Review, Vol. 7, No. 2, Winter 2012-2013. The abstract reads:
This article addresses the very recent trend of requiring lawyers and judges to sever ties on social media, the professional implications of doing so, relevant rules governing judicial and attorney conduct, and a discussion of “best practices” for lawyers and judges to follow when social media connections must be broken. Recent opinions from states that have issued social media directives in this area will also be discussed, along with a brief overview of three of the most commonly used social media sites at the time of the publication of this article – Facebook, LinkedIn, and Twitter.
Through this discussion and analysis, one theme will continue to resurface – the increasingly pressing need for guidance and clarity in the MRPC and MRJC so that expectations involving social media connections will be clear, uniform, and much easier to manage for lawyers, judges, and anyone with whom they may communicate, either professionally or personally. Such clear-cut guidance would also decrease the need for severing ties that should not have been formed in the first place, thereby also serving to contribute to the preservation of solid and favorable reputations of all jurists and counselors in an increasingly virtual world.
Download a pdf copy of the article via SSRN here.
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Tags:American Bar Association Model Rules of Professional Conduct, Facebook, Lawyer, LinkedIn, MRJC, MRPC, Social media, Twitter
Posted in ABA, American Bar Association, ethics, Facebook, internet, internet law, Judge, judging, Kelly Lynn Anders, LinkedIn, MRJC, MRPC, social media, Twitter | Leave a Comment »
March 6, 2013
I recently came across an ABA Litigation News article by Renee Choy Ohlendorf entitled “Ethical Limits on Rebutting Client’s Disparaging Internet Comments”.
The article discusses Formal Opinion No. 525 by the Los Angeles County Bar Association’s (LACBA) Professional Responsibility and Ethics Committee, which purports to define a lawyer’s professional and ethical duties in responding to a disgruntled former client’s “disparaging public comments” made online, after the lawyer’s representation ended: (more…)
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Tags:Attorney-client privilege, Bar association, California, Confidentiality, Ethics, Law, Lawyer, Professional responsibility
Posted in ABA, Breach of Confidence, client, ethics, Law Society of Upper Canada, professional, professionalism, Rules of Professional Conduct, solicitor client privilege | Leave a Comment »
February 5, 2013
This Saturday (February 9th, 2013) mark my 20th year of practice since my call to the Ontario Bar in 1993.
I could take up this post talking about my experiences—my noble victories and my ignoble defeats— and what I have learned over two decades of having the privilege of membership in what I still consider a noble profession.
I could do that, but I won’t. (more…)
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Tags:Law Society of Upper Canada, Rule of law, Warren Buffett
Posted in client, ethics, Law Society of Upper Canada, lawyer, lawyers, learning, Legal Ethics, legal practice, legal profession, professional, professionalism | 8 Comments »
January 8, 2013
Ben Trachtenberg (University of Missouri School of Law) has posted “Law School Marketing and Legal Ethics”, Nebraska Law Review (June 2013) forthcoming/University of Missouri School of Law Legal Studies Research Paper No. 2012-41. Here’s the abstract:
Law schools have misled prospective students for years about the value of legal education. In some cases, law school officials have engaged in outright deceit, knowingly spreading false information about their schools. More commonly, they have presented statistics — especially those concerning the employment outcomes of law graduates — in ways nearly guaranteed to confuse readers. These deceptions and sharp practices violate the norms of the legal profession, a profession that scrupulously regulates the advertising of legal services. The deceptions also violate ethical rules prohibiting lawyers from engaging in dishonesty, misrepresentation, and deceit.
This article exposes how pitches aimed at prospective students, including the seemingly straightforward recitation of statistics on law school websites, still paint an unduly rosy picture of the legal employment market. Focusing on Rule 8.4(c) of the Model Rules of Professional Conduct, the article explains that law school officials have exposed themselves to professional discipline, which may offer a solution to the pervasive problem of misleading law school marketing.
Download a pdf copy of the article via SSRN here.
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Tags:American Bar Association, Association of American Law Schools, Education, Law, Law review, Law school
Posted in AALS, ABA, accountability, employment, ethics, law school, law school marketing, legal education, Legal Ethics, legal marketing, legal profession, NALP, scamblogs | Leave a Comment »
Antonin I. Pribetic
