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Mar 25, 2019 · The motions judge stated “it is obvious that counsel have a duty not to lie or make knowingly misleading factual statements” and that this duty is owed to both the Court and to opposing counsel (paras 58 to 59).
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Feb 20, 2019 · It is egregiously wrong that Justice Hollins mischaracterized much of the plaintiff’s case as about a claim of breach of duty by opposing counsel to the plaintiff. It is also indisputable that, of the only duty the plaintiff mentioned in her amended claims, lawyers do have a duty to the court and to meet ethical obligations.
Nov 16, 2016 · Legal Ethics: Misleading the Court. There is advocacy, and then there is deception. Deceiving counsel should be called out, named, and shamed. Unfortunately, it is the very lawyers that are so adept at misleading the court that are the hardest to unmask. Only one party has filed material. Important documents are intentionally omitted to mislead ...
- Advocacy
- Undertakings
- Tion 5.2 The Lawyer as Witness
- Tion 5.3 Interviewing Witnesses
- Tion 5.4 Communication with Witnesses Giving Evidence
- Tion 5.5 Relations with Jurors
- Tion 5.6 The Lawyer and The Administration of Justice
- Tion 5.7 Lawyers as Mediators
5.1-1When acting as an advocate, a lawyer shall represent the client resolutely and honourably within the limits of the law while treating the tribunal with candour, fairness, courtesy, and respect. [Amended - October 2014] 5.1-2When acting as an advocate, a lawyer shall not (a) abuse the process of the tribunal by instituting or prosecuting procee...
5.1-6A lawyer must strictly and scrupulously fulfill any undertakings given by him or her and honour any trust conditions accepted in the course of litigation. [Amended - June 2009]
Submission of Evidence
5.2-1 A lawyer who appears as advocate shall not testify or submit their own affidavit evidence before the tribunal unless (a) permitted to do so by law, the tribunal, the rules of court or the rules of procedure of the tribunal, or (b) the matter is purely formal or uncontroverted. [Amended - October 2014]
Appeals
5.2-2A lawyer who is a witness in proceedings shall not appear as advocate in any appeal from the decision in those proceedings unless the matter about which he or she testified is purely formal or uncontroverted. [Amended - October 2014]
Interviewing Witnesses
5.3-1 Subject to the rules on communication with a represented party set out in rules 7.2-4 to 7.2-8.2, a lawyer may seek information from any potential witness, whether under subpoena or not, but the lawyer shall disclose the lawyer's interest and take care not to subvert or suppress any evidence or procure the witness to stay out of the way. [Amended - November 2007]
Communication with Witnesses Giving Evidence
5.4-1[FLSC - not in use] 5.4-2Subject to the direction of the tribunal, the lawyer shall observe the following rules respecting communication with witnesses giving evidence: (a) during examination-in-chief, the examining lawyer may discuss with the witness any matter that has not been covered in the examination up to that point; (a.1) during examination-in-chief by another legal practitioner of a witness who is unsympathetic to the lawyer's cause, the lawyer not conducting the examination-in-...
Communications Before Trial
5.5-1When acting as an advocate, before the trial of a case, a lawyer shall not communicate with or cause another to communicate with anyone that the lawyer knows to be a member of the jury panel for that trial.
Disclosure of Information
5.5-2Unless the judge and opposing counsel have previously been made aware of the information, a lawyer acting as an advocate shall disclose to them any information of which the lawyer is aware that a juror or prospective juror (a) has or may have an interest, direct or indirect, in the outcome of the case; (b) is acquainted with or connected in any manner with the presiding judge, any counsel or any litigant; or (c) is acquainted with or connected in any manner with any person who has appear...
Communication During Trial
5.5-4Except as permitted by law, when acting as an advocate, a lawyer shall not during a trial of a case communicate with or cause another to communicate with any member of the jury. 5.5-5 and 5.5-6[FLSC - not in use]
Encouraging Respect for the Administration of Justice
5.6-1A lawyer shall encourage public respect for and try to improve the administration of justice.
Seeking Legislative or Administrative Changes
5.6-2A lawyer who seeks legislative or administrative changes shall disclose the interest being advanced, whether the lawyer's interest, the client's interest, or the public interest.
Security of Court Facilities
5.6-3A lawyer who has reasonable grounds for believing that a dangerous situation is likely to develop at a court facility shall inform the persons having responsibility for security at the facility and give particulars. [Amended - October 2014]
Role of Mediator
5.7-1A lawyer who acts as a mediator shall, at the outset of the mediation, ensure that the parties to it understand fully that (a) the lawyer is not acting as a lawyer for either party but, as mediator, is acting to assist the parties to resolve the matters in issue; and (b) although communications pertaining to and arising out of the mediation process may be covered by some other common law privilege, they will not be covered by the solicitor-client privilege. [Amended - October 2014]
Leaving a Law Firm. 3.7-7A (1) In this subrule. (a) “affected client” means a client for whom the law firm has a relevant matter: (b) “relevant matter” means a current matter for which the lawyer who is leaving the law firm has conduct or substantial responsibility; (c) “remaining lawyers” means the lawyers who have, or are intended ...
Aug 12, 2019 · Blake, 2019 ONSC 4062 Justice Peter Daley held that lawyers are obligated to make the court aware of all legally relevant authorities, even if it undermines their client’s case. This rule holds true regardless of whether opposing counsel cites the authority or not. If a lawyer fails to meet this obligation, their client may face the consequences.
People also ask
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Chapter 1: Citation and Interpretation — definitions for key terms used throughout the Rules. Chapter 2: Integrity — a lawyer’s professional duty to act honourably and with integrity. Chapter 3: Relationship to Clients — client-related issues such as lawyer competence, quality of service, confidentiality, conflicts of interest and fees.
