Chapter 11 - Duty to Others

Question 1

Who is the lawyer’s first duty to?

Answer 1

The client

Question 2

The lawyer’s duties to the Law Society include obligations to: (5)

71L

Answer 2

1. Respond promptly and completely to the Law Society
2. Assist Law Society in preventing unauthorized practice of law or provision of legal services;
3. Obtain the Law Society’s permission to work with or employ a person who is no longer authorized to practise law or provide legal services;
4. Cease practising law when license is suspended or otherwise restricted by Law Society or lawyer’s undertaking
5. Submit to disciplinary authority of the Law Society

Question 3

T/F

A lawyer who suspects that an unauthorized individual is practising law or providing legal services is obliged to advise the Law Society

Answer 3

True

71R

Question 4

T/F

A lawyer is obliged to advice Law Society if lawyer learns that a paralegal is providing legal services outside permitted scope of practice

Answer 4

True

Question 5

T/F

A lawyer whose license has been suspended doesn’t have to disclose their status to existing clients but they do have to tell prospective clients

Answer 5

FALSE

72L

A lawyer whos been suspended, regardless of reason, has specific obligations to disclose the lawyer’s suspended status to prospective, existing, and former clients and to engage another lawyer to complete certain tasks related to any existing client files.

Question 6

What section of the Act regulation professional misconduct or conduct unbecoming o f a barrister or solicitor

Answer 6

S. 33 of the Act

Question 7

Define professional misconduct

Answer 7

Conduct by a lawyer in the lawyer’s professional capacity that tends to bring discredit upon the legal profession

Question 8

Define: Conduct unbecoming a barrister or solicitor

72R

Answer 8

Conduct, including conduct in a lawyer’s personal private capacity that tends to bring discredit upon the legal profession

Question 9

What are some examples of conduct unbecoming a barrister or solicitor

Answer 9

1. Committing criminal act going against honest, trustworthiness, or fitness as a lawyer
2. Taking improper advantage of youth, inexperience, lack of education, unsophistication, ill health, unbusinesslike habits of another
3. Engaging in conduct involving dishonesty or conduct that undermines administration of justice.

Question 10

Generally, where a lawyer’s conduct in a private or personal capacity does not bring into question the lawyer’s professional integrity, will Law Society review the conduct?

Answer 10

NO, however, if a client’s awareness of lawyer’s conduct would likely impair the client’s trust in the lawyer, the Law Society may be justified in taking disciplinary action whether the conduct occurred in lawyer’s professional or personal sphere.

Question 11

DUTY TO THE LEGAL PROFESSIONS

Duties to the professions specifically outline in the Rules include the lawyer’s obligation to do what 4 things

Answer 11

1. Report lawyer or paralegal misconduct
2. Encourage clients to report lawyer or paralegal misconduct
3. Report criminal charges or convictions; and
4. Report errors and omissions

Question 12

Why is detecting and preventing professional misconduct at an early stage important? (2)

73L

Answer 12

It reduces the risk to clients and prevents damage to the reputation of the legal profession.

Question 13

If you’re not sure whether to report certain conduct, what should you do?

Answer 13

As a lawyer I should consider seeking the advice of the Law Society by contacting Practice Management Helpline either directly or indirectly

Question 14

If the client refuses to report dishonest conduct to Law Society and wants to pursue private remedies, what must the lawyer do?

Answer 14

There’s 4 things lawyer must do that’s on 73L

1. Inform client about LSO’s Compensation Fund
2. Get client’s written instructions to proceed with client’s claim w/o notice to Law Society
3. Inform client of provision sof CC s.141
4. If client wants to pursue private agreement with apparently dishonest lawyer withdraw from representation

Question 15

T/F

All licensees have a duty to report themselves to the Law Society if charges have been laid against them.

Answer 15

True, they must send written notification to the Law Society

Question 16

T/F

Lawyer’s not don’t have to inform the LSO about the final result of any charge that is an indictable offence.

Answer 16

FALSE

Lawyers must inform LSO in writing of the decision + final result of any indictable offence as soon as reasonably practicable after receiving notice + report outcome of charge as soon as reasonably practicable

Question 17

If the offence you’re being charged with is being pursued by private prosecution and the charge against yolu is under. s.504 other than info referred to in 507(1), you only are required to do what

Answer 17

Inform the LSO of the charge and of its outcome if the charge results in a finding of guilt or conviction

Question 18

When are you required to report another licensee involved in criminal activity

Answer 18

Report them if it’s related to their practice such that it may seriously prejudice the other licensee’s clients

Question 19

T/F

When a lawyer discovers an error omission, the lawyer has additional duties to the Lawyers’ Professional Indemnity Company (LawPRO)

Answer 19

TRUE

Question 20

As a lawyer you have the obligation to behave with ____ and ____

75L

Answer 20

Courtesy and civility

Question 21

A lawyer may approach, communicate or deal directly with a person who is receiving legal services from another legal practitioner under a ___________ retainer without the consent of the legal practitioner

Answer 21

Limited scope retainer

Question 22

Financial obligations

Unless what is a lawyer required to meet all financial obligations incurred on behalf of client during course of practise

76R/77L

Answer 22

As a lawyer, you must promptly meet all financial obligations unless you clearly indicate in writing to the person to whom it’s to be owed that it is not a personal obligation.

Question 23

Duty to uphold the integrity of the profession

Duty to uphold the integrity of profession applies when lawyer engages in activities related to:
4

Answer 23

1. Outside interests
2. Public office
3. Public appearance statements
4. Multi-discipline practises

Question 24

Before making a statement to the public or media, lawyer must be satisfied that doing so is in ________

Answer 24

the client’s best interest

Question 25

T/F

Lawyers MUST encourage public respect for the justice system , avoid making critical remarks and encourage public respect
78L

Answer 25

True

Question 26

Acting as a mediator

What’s the role of a mediator?

78R

Answer 26

The role of a mediator is to facilitate agreement between the parties and parties must understand that communications are not covered by confidentiality or lawyer-client privilege.