Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal ethics

Legal Ethics and Professional Responsibility

Osgoode Hall Law School of York University

Articles 1 - 11 of 11

Full-Text Articles in Law

The Helping Profession : Can Pro Bono Lawyers Make Sick Children Well?, Lorne Sossin Jan 2016

The Helping Profession : Can Pro Bono Lawyers Make Sick Children Well?, Lorne Sossin

Articles & Book Chapters

"Can pro bono lawyers make sick children well? Surprisingly, the answer might be yes. Or at least pro bono lawyers can improve patients’ experiences and health outcomes for families caught up in the hospital system. ... a pioneering initiative in Boston to locate legal clinics in hospitals. Word of this experiment reached Pro Bono Law Ontario (PBLO), an organization active in referring hospital cases to lawyers willing to take on pro bono cases. The benefits of coordinating such cases through a hospital-based pro bono clinic were clear, and the Family Legal Health Program, renamed PBLO at SickKids, was born."


Ethical Lawyering In A Global Community, Trevor C. W. Farrow Jan 2013

Ethical Lawyering In A Global Community, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

The pressures and opportunities of globalization have dramatically changed the nature of legal practice. How and why we practice law? For whom and whose benefit? In what contexts? And on what terms? The answers to these questions are continuously changing as a result of current global trends. The communities served by lawyers, the practice contexts in which they work and the issues that they face are increasingly diverse, complex, transnational and global in character. All of these challenges demand new competencies and raise a host of new issues about ethics and professionalism. As a threshold matter, more and more lawyers …


The Good, The Right, And The Lawyer, Trevor C. W. Farrow Jan 2013

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

This essay considers whether there is a role for moral pluralism — or morality at all — in legal ethics thinking. In so doing, it has essentially two main goals. First, to contextualise the discussion, it very briefly looks at the leading conceptions of the lawyering role that have unsuccessfully grappled with the issue of morality and lawyering to-date. Second, and primarily, it looks at a new attempt to address these issues that is provided by Bradley Wendel in his recent book Lawyers and Fidelity to Law. This essay claims that while providing an elegant and admirable argument, Wendel’s book …


Ethical Lawyering In A Global Community, Trevor C. W. Farrow Jan 2013

Ethical Lawyering In A Global Community, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.


The Good, The Right, And The Lawyer, Trevor C. W. Farrow Dec 2011

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.


Does Civility Matter?, Alice Woolley Jan 2008

Does Civility Matter?, Alice Woolley

Osgoode Hall Law Journal

Recent discussion of legal ethics in Canada has focused on the importance of "civility" as a fundamental value and goal of ethical conduct. This comment questions that focus. After defining the content of "civility' and reviewing its treatment in these initiatives by both the law societies and the courts, the author suggests that the emphasis on civility is misplaced. Focusing on civility has the undesirable tendency to impede lawyer reporting of misconduct by other lawyers and potentially undermines the effective representation of client interests. It also shifts emphasis away from the ethical values that should be the focus of our …


Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek Jan 2008

Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek

Osgoode Hall Law Journal

This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the …


Sustainable Professionalism, Trevor C. W. Farrow Jan 2008

Sustainable Professionalism, Trevor C. W. Farrow

Osgoode Hall Law Journal

This article challenges traditional visions of lawyering by building on current alternative narratives and articulating a new discourse of professionalism that is personally, politically, ethically, economically, and professionally sustainable. It is a discourse that makes space for lawyers' principles, interests, and life preferences by balancing them with other important interests (including, but not dominated by, those of clients). It is a discourse that seeks to make good on aspirational promises of equality, access to justice, and protecting the public interest. And it is a discourse that takes seriously obligations to, as well as benefits from, the culturally complicated makeup of …


In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson Jan 2008

In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson

Osgoode Hall Law Journal

While considerable thought and effort have been put into exploring and fixing the ethical rights and professional responsibilities of private Lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical …


The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin Jan 2008

The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin

Osgoode Hall Law Journal

There is a clear public interest benefit for lawyers to ensure access to the rule of law, especially on the part of the vulnerable. This article seeks to show that the seemingly simple relationship between the legal profession and the public interest is in fact more complicated than it looks. Pro bono may be viewed from two perspectives-that of the lawyer and that of the client. From the perspective of the lawyer, the important question is whether there is ethical motivation to engage in pro bono. If, however, the perspective of the client is paramount, then meeting the client's needs …


Representing A Minor: A Shared Dilemma In Ontario And Massachusetts, Andrew L. Kaufman Jan 2008

Representing A Minor: A Shared Dilemma In Ontario And Massachusetts, Andrew L. Kaufman

Osgoode Hall Law Journal

This commentary considers what lawyers should do when confidential information from their minor clients indicates that the minor's instructions either present a substantial risk of harm to the minor or are irrational. The commentary then asks readers to decide whether and how their personal resolution should be generalized into the law of professional responsibility. The author compares current Ontario and Massachusetts law with a new Massachusetts proposal. The author strongly criticizes the proposal as violating the tenuous compromise between "client-directed" and "best- interests" or "substituted judgment" theories that appear to govern in both jurisdictions in favour of a rule that …