Class 8 - Part 3: Duties beyond Clients: The Four Ts - Topic 7: Duty to Potential Clients

Question 1

Duty to Potential Clients

Answer 1

• People who want to be your client
• People whom you want to be your client

Question 2

Law Society Act, RSO 1990, c L.8, s. 4.2(2)

Answer 2

The [Law] Society [of Ontario] has a duty to act so as to facilitate access to justice for the people of Ontario.

Question 3

Barristers’ Oath (sworn by all Ontario lawyers)

Answer 3

• “I accept the honour and privilege, duty and responsibility of practising law as a barrister and solicitor in the Province of Ontario.
• I shall protect and defend the rights and interests of such persons as may employ me.
• I shall conduct all cases faithfully and to the best of my ability.
• I shall neglect no one’s interest and shall faithfully serve and diligently represent the best interests of my client.
• I shall not refuse causes of complaint reasonably founded, nor shall I promote suits upon frivolous pretences.
• I shall not pervert the law to favor or prejudice any one, but in all things I shall conduct myself honestly and with integrity and civility.
• I shall seek to ensure access to justice and access to legal services.
• I shall seek to improve the administration of justice.
• I shall champion the rule of law and safeguard the rights and freedoms of all persons.
• I shall strictly observe and uphold the ethical standards that govern my profession.
• All this I do swear or affirm to observe and perform to the best of my knowledge and ability.”

Question 4

Lawyer Duty to Create A2J?

Answer 4

• Barristers’ Oath
• “A lawyer shall make legal services available to the public in an efficient and convenient way.” (RPC 4.1-1)
• “it is in keeping with the best traditions of the legal profession to provide services pro bono and to reduce or waive a fee” (RPC 4.1-1, Cty. [2])

Question 5

Unacceptable Reasons to Decline Representation LSO RPC 4.1-1, Cty 4

Answer 5

• “A lawyer should not decline representation merely because a person seeking legal services or that person’s cause is unpopular or notorious, or because powerful interests or allegations of misconduct or malfeasance are involved, or because of the lawyer’s private opinion about the guilt of the accused.”

Question 6

Human Rights Code, R.S.O. 1990, c. H.19, s. 1

Answer 6

• “Every person has a right to equal treatment with respect to services… without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”

Question 7

Referral Fees

Answer 7

• Client consults Lawyer/Paralegal A
• A recommends Client consult Lawyer / Paralegal B, who is in a different firm
• Client retains B
• B pays fee to A (usually a percentage of fee paid by Client to B)

Question 8

Making Legal Services Available LSO RPC 4.1-2

Answer 8

4.1-2 In offering legal services, a lawyer shall not use means
(a) that are false or misleading;
(b) that amount to coercion, duress, or harassment;
(c) that take advantage of a person who is vulnerable or who has suffered a traumatic experience and has not yet had a chance to recover;
(d) that are intended to influence a person who has retained another lawyer for a particular matter to change their lawyer for that matter, unless the change is initiated by the person or the other lawyer; or
(e) that otherwise bring the profession or the administration of justice into disrepute.