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