Professions and Professionalism

Question 1

What is a profession

Answer 1

A field of work that involves a group of people who have specialised knowledge, skills, and training in a particular area

Question 2

What perspectives and models of law are becoming more attractive

Answer 2

Moral lawyering, the moral lawyer or the good lawyer

Question 3

What should one think about when referring to legal ethics

Answer 3

How one should live in the context of law, or more specifically, how lawyers ought to act in the context of the profession

Question 4

The term legal ethics is often used interchangeably with what words

Answer 4

Professionalism and professional responsibility

Question 5

What is the dominant model of professionalism

Answer 5

Known as the traditional model
In this model the lawyer is to advance zealously the client’s cause with all legal means; to be personally neutral as to the result of the client’s case; and to leave the ultimate ethical, personal, economic and social bases of the decision to proceed in the hands of the client

Question 6

What does the dominant model of professionalism suggest that lawyers reject

Answer 6

non-legal factors such as morality, popularity, religion, power, custom and be guided by only what the law allows

Question 7

What is the main principle behind the dominant model on professionalism

Answer 7

Is one that champions a client’s freedom to arrange their affairs within the bounds of the law
Individual autonomy

Question 8

Where is the dominant model of professionalism found in policy

Answer 8

The Canadian Bar Association’s code provides that when acting as an advocate “the lawyer must represent the client resolutely, honourably, and within the limits of the law”

Question 9

What are the two duties that must be balanced within professionalism according to Florida State Judge David A Demers

Answer 9

1. Zealous representation
2. Services as an officer of the court

Question 10

What is the basic point of departure from the dominant model of professionalism

Answer 10

The opportunity for, or obligation on, lawyers to be guided by extra-legal norms, such as morality, religion, politics, and custom, when representing their clients

Question 11

What is the primary premise of the alternative models of professionalism

Answer 11

Lawyers, as self-regulated professionals, have been given the opportunity and responsibility to act not just in the interest of their client, but , more fundamentally, in furtherance of the “public interest”

Question 12

What does the alternative models of professionalism require lawyers to do

Answer 12

To accept personal responsibility for the moral consequences of their professional actions
The lawyer should avoid doing harm by refusing to act if the lawyer thinks that the outcome of “winning” would be on balance a “bad thing” or “socially unfortunate”

Question 13

Where are the alternative models to professionalism found in policy

Answer 13

The preface of the Canadian Bar Association’s code notes that its primary concern is the protection of the public interest

Question 14

What are the four reasons why lawyers are so influenced by the dominant trend of professionalism

Answer 14

1. The dominant model has been the model throughout history
2. Dominant model has a one size fits all approach and has the ability to apply to all lawyers
3. Law has increasingly become a competitive business driven by complex needs of powerful clients
4. The other models have been presented in a weak way

Question 15

What is the main difference between the dominant model of professionalism and the alternative model in regard to underlying interests

Answer 15

Dominant model - client maintains ultimate interest
Alternative - some version of justice or public interest is the primary interest at stake
Main point of disagreement is the number of relevant stakeholders

Question 16

What does sustain mean

Answer 16

To uphold the validity or rightfulness of, or to keep a person or community from failing to giving away

Question 17

A useful lens of sustainability must take into account what four main groups

Answer 17

1. Client interests
2. Lawyer interests
3. ethical and professional interests
4. Public interest

Question 18

Explain the concept of sustainability through a clients interests

Answer 18

Any notion of professionalism must make robust space for the realisation of a client’s legal interests in a free and democratic society

Question 19

Describe the two aspects of lawyer’s interest in regard to sustainability

Answer 19

1. Pecuniary interests - lawyers want to get paid for the work they do
2. Non pecuniary interests of the lawyer will also play a prominent role in a sustainable notion of professionalism- lawyers should expect to maintain a meaningful ability to pursue activities and interests that make for a full life

Question 20

Describe sustainability through the ethical and professional interests

Answer 20

We must recognise the diversity of the bar
The law in Canada now demands adherence to the equality principle

Question 21

Describe sustainability through the public interest

Answer 21

Lawyers have responsibility in the project of solving collective action problems
Protecting the public interest requires a theory of professionalism that contemplates a bar that is working toward meaningful access tot eh system for all members of society

Question 22

Groia v Law Society of Upper Canada 2018

Answer 22

Main question was regarding whether the Law Society Appeal panels finding of professional misconduct was reasonable
The alleged misconduct was from his in-court behaviour
Groia’s mistaken allegations regarding admissibility of evidence were made in good faith and were reasonably based but the manner in which he raised them was improper
allow the appeal and set aside decision of Appeal panel

Question 23

What are four sources that provide guidance on ethical conduct

Answer 23

1. Case law and legislation
2. Rules of professional conduct
3. Law society disciplinary decisions
4. The principles or norms of lawyering