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Articles 1 - 3 of 3
Full-Text Articles in Law
Of Lodestars And Lawyers: Incorporating The Duty Of Loyalty Into The Model Code Of Conduct, Colin Jackson, Richard Devlin, Brent Cotter
Of Lodestars And Lawyers: Incorporating The Duty Of Loyalty Into The Model Code Of Conduct, Colin Jackson, Richard Devlin, Brent Cotter
Dalhousie Law Journal
The "conflicts quartet" ofcases decided by the Supreme Court of Canada can be understood as part of a long-standing tension in Anglo-Canadian jurisprudence between two competing conceptions of a lawyer's professional identity In the most recent of these cases, C.N. Railway v. McKercher, the Supreme Court conclusively preferred the loyalty-centred conception of the practice of law over the entrepreneurial conception. While the Federation of Law Societies of Canada amended its Model Code of Professional Conduct in 2014 in response to the Supreme Court's decision in McKercher, this article argues that those amendments did not go far enough. The authors propose …
Bend Or Break: Enhancing The Responsibilities Of Law Societies To Promote Access To Justice, Richard Devlin Frsc
Bend Or Break: Enhancing The Responsibilities Of Law Societies To Promote Access To Justice, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
There now appears to be a consensus in Canada that we have a serious access to justice problem. Chief Justices have been vocal. The Governor-General has made an intervention. Legal newspapers and websites have weekly, if not daily, stories on access to justice concerns. There have been several thorough reports which both detail the problems and propose possible paths forward. And one CEO of a national law firm has lamented that “access to justice is the legal profession’s equivalent of global warming.”
However, in my opinion, despite all this alarm, attention, and progress, two key components tend to be missing …
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
Articles, Book Chapters, & Popular Press
Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …