This 13 page exam template is all you need to pass the Canadian Professional Responsibility NCA exam. This template provides a step-by-step approach to all the topics of provided for in the NCA syllabus. It contains all authorities and references to the required statute. It also tells you exactly w...
NCA Canadian Professional Responsibility Exam Notes
All for this textbook (2)
Written for
NCA
Canadian Professional Responsibility NCA Exam
All documents for this subject (1)
2
reviews
By: janetmomoh • 3 year ago
By: changliu • 4 year ago
so many typos, wrong term numbers
Seller
Follow
ryanfed
Reviews received
Content preview
SAMPLE PAGE (c) Non payment of fees (R 3.7-3) (2) Lawyers Duties: Quick Answer Structures
may withdraw if client fails to pay retainer/disbursements/fees
II: Ethics, lawyering, and Professional Regulation: unless serious prejudice to client i.e. not last minute; need (1) Duty of Loyalty: Defence Counsel
adequate notice; limited in criminal matters (R v Cunningham). (a) Duty to put client interest before others/self & avoid conflict; (1) Purpose: to assist A and make full & answerable defence (s. 7).
(1) The Relationship: (d) Withdrawal from Criminal proceedings (R 3.7-4) maintain public confidence and trust; uphold administration of (a) Ethical duty to advance client’s case: Not an absolute duty;
May withdraw because client has not paid agreed fee or other justice; and allow access to justice (‘loyal advocacy’); (b) Duty to act with integrity (R v Lyttle);
(1) General Duty to Act: R 4.1-1: adequate cause, however, must leave sufficient time for new (b) Duty of Loyalty includes: (i) Must not mislead court;
Must make legal services available to public efficiently/ lawyer to adequately prepare (NB: Must not indicate reasons (i) Competence: R 3.1-1: lawyer who has/applies relevant (ii) Cannot case aspirations with no sufficient evidence.
conveniently; may offer services by any means subject to R to Court/Crown. This could jeopardise privilege; notice should knowledge/skills/attributes in manner appropriate to each (c) duty not to discriminate (R 6.3-5);
4.1-2; merely state lawyer is no longer acting and has withdrawn); matter, (2) Duty not to mislead court
But NB: [4] Discretion Rule: Specifies there is general right to R v Cunningham 2010, SCC [Legal aid revoked; lawyer tried (ii) Quality of service: R 3.1-1: courteous, thorough & prompt (a) Lawyer maintains ability to present clients case in best
decline representation but that this should be used ‘prudently to withdraw after client’s non-payment) Held: Court can service; competent, timely, conscientious, diligent, efficient and possible light (Legebokoff);
& not merely because of different of opinion, bad publicity, etc.’ override defence Counsel request for withdrawal as result of civil); (b) Silence can amount to deception in certain circumstances
Cf: Cab Rank Rule: obligation of barrister to accept any non-payment of fees by A; NB: Court will weigh whether (iii) Duty to avoid conflicts: R 3.4-1; (3) Defending a guilty client (R 6.3-5);
work in field they profess themselves competent to practise, contra interest of AoJ (not just admin Inconvenience) in (iv) Confidentiality: R 3.3-1; (a) Can argue:
at court at they normally appear, and at usual rates. deciding whether to allow app. Rule: Court can force counsel (v) Duty to preserve client property: R 3.5-2: related to (i) admissibility of evidence;
If declining to act: Lawyer should assist in finding adequate to continue even when not getting paid; only if timing is issue confidentiality (must take all reasonable steps to ensure (ii) form of indictment;
representation willingly and free of charge (NB: Right to decline but if counsel claims withdrawal for ethical reasons court must privacy/safekeeping of client confidential info); (iii) jurisdiction of court.
subject to R 6.3-5: must not discriminate against any person). accept & allow withdrawal. Szarfer v Chodos [Conflict: Breach of fiduciary duty after lawyer (b) Cannot argue
(2) Establishing Client-Lawyer Relationship: (4) Formalities/Manner of Withdrawal: had affair with client’s wife after defending in PI; used confidential (i) False evidence;
R 1.1-1: Client Definition: person who consults lawyer and on (a) Overarching Rule: (R 3.7-8) must try to minimise expense info for own advantage and put self in conflict.] (ii) Set up an inconsistent case;
whose behalf lawyer renders (or agrees to render) legal services and avoid prejudice to client; must do all that can reasonably be NS Bar Soc. v Richey: [Competence: Guilty of professional (iii) Assert another person committed crime.
or who having consulted a lawyer reasonably concludes that done to facilitate orderly transfer of matter to successor lawyer; misconduct & professional incompetence after repeat failure to
lawyer agreed to render legal services on his/her behalf; [1]: (b) Requirements for Withdrawal: (R 3.7-9(a)) must notify client file/disclose on time, to correspond with clients in timely manner Prosecutor
lawyer-client relationship can be established w/o formality in writing and keep adequate filing system (Incompetence definition: (1) Regulation of prosecutors
Descoteaux v Mierzwinski (1982): Lawyer/client relationship [Other obligations i.e. return documents, final accounts, co- ‘repeat absence of special required; skills include diligence & (a) Courts
commences ‘as soon as potential client has dealings with operate with subsequent lawyer etc.] efficient service, conscientiousness beyond isolated acts of poor (b) Prosecution discretion
lawyer’s office in order to obtain legal advice’; including any judgement) R given $1K fine, $30K costs & practice monitoring.] (i) Charging/screening decisions;
dealings with client re: legal advice i.e. info required in order for (2) Duty of Integrity, Courtesy, and Honesty: (ii) Plea bargaining (Nixon);
lawyer to decide whether to take case; administrative doc’s; legal (a) Integrity: R 2.1-1: Duty to practice/discharge all responsibility (iii) Calling witnesses
aid app lodged in case normally subject to privilege h/e b/c of to clients, tribunal, public, or other members of profession [Tactics and conduct in court: cannot be improper notice
crim. purpose (lied about income to get legal aid) crim/fraud honourably and with integrity (See: Sustainable Professionalism or bad faith.]
exception applied First dealings doctrine: As soon as potential Article; modern model allows for adaptation to include lawyers (i) Attorney General
client has dealings w/ lawyer/lawyer’s office in order to obtain own interests i.e. make an honest living/have work-life balance) (ii) Reviewable by a court of abuse of process only (Nixon;
legal advice = at least some duties are triggered. (i) Duty to uphold standards and reputation of legal profession; Anderson);
(3) Termination/Withdrawal: assist advancement of goals and institutions (R 2.2-2); (c) Professional conduct
General Rule: R 3.7-1: lawyer must not withdraw from (ii) ‘Good Character Requirement’: no person may be admitted (i) Law society: reviewable by court (Krieger).
representation unless good cause & reasonable notice given to or reinstated as member unless benchers satisfied person of (1) Duty
client. good character & repute and fit to become barrister & solicitor (a) Disclosure of relevant information (Stinchcombe);
Commentary: [1] ‘although clients can terminate at will, lawyers of SC (s. 19(1) LPA); (b) Minister of Justice (R 5.1-3).
don't have same freedom’; [2] General Rule: Sufficient time to (a) Courtesy/Civility: must be courteous & civil and act in good [Failure of (a) or (b) amount to professional misconduct.]
retain/instruct new counsel must be given to client. faith to all persons whom they have dealings with (R 5.1-5);
[Good practice to send letter of term (but not always [Dealings: all persons with whom they have dealings Ethics and Dispute Resolution
practicable – repeat client).] during course of practice (other lawyers/clients) (R 7.2-1).]
Exceptions: (i) Not take advantage of other lawyers’ mistakes: must Lawyers must encourage and advise client to compromise and settle
(a) Obligatory Withdrawal (R 3.7-7:): Lawyers must withdraw if: avoid sharp practice; not take advantage of or act without fair a dispute wherever possible and discourage litigation (R 3.2-1).
(i) discharged by client (R 3.7-7(a)); warning upon mistakes of other lawyer (R 7.2-2);
(ii) client persists instructing lawyer to act in contradiction of (ii) Communications: Must not send communications that are Lawyers as mediators (R 5.7-1).
ethics (R 3.7-7(b)); abusive, offensive or inconsistent professionalism; (R 7.2-4);
(iii) lawyer not competent in continuing to handle matter (R (iii) Promptness: answer communications with reasonable (1) Counselling
3.7-7(c))(Competence: R 3.) promptness & be punctual for commitments (R 7.2-5); (a) Cannot counsel illegal conduct (R 3.2-1): Sussman.
NB also: R 3.7-8: Dishonesty/Fraud by Client Organisation: if (iv) Communication received in error: lawyer receiving (i) Exceptions very limited (i.e. imminent risk of harm to child).
lawyer knows of dishonesty/fraud must advise organisation to document relating to representation of another lawyer’s client (b) Must be candid and honest in giving advice (R 3.2-2);
stop; if they refuse, then must withdraw or Conflict (R 3.4-1 duty inadvertently must promptly notify sender (R 7.2-1). (i) includes information about lawyer-client relationship.
to avoid conflict if no consent). Dore v Barreau du QC: [Disciplinary proceedings against D after (c) if lawyer discovers error that may be damaging to client (R
(b) Optional Withdrawal (R 3.7-2) D wrote derogatory letter to judge who berated him in court; 3.2-2):
Lawyers may withdraw if: serious loss of confidence between argument he violated Code of Ethics. Panel said lawyers free to (i) advise them promptly; and
client and lawyer (breakdown of relationship between client/ express themselves but letter too far. Held: Not contra s. 2(b); not (ii) recommend independent legal advice.
solicitor); private as written by D as lawyer; 21 day suspension.] (2) Negotiation
[may have good cause: i.e. deceived by client, client LS NL v Regular 2011 [Deliberate misrepresentation to opposing (a) Competence to negotiate
refuses to accept advice, client unreasonable or counsel: Held: R response deliberately intended to mislead: clear (i) Applies relevant knowledge, skills, and attributes in a matter
uncooperative, unable to obtain adequate instructions; but violation of lawyer’s duty (professional misconduct) Rule: Lawyer acing on behalf of client in negotiation (R 3.1.1(c)(v)).
should not use threat of withdrawal to force decision.] cannot deliberately mislead opposing side to benefit client.] (b) Regulation in negotiation
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ryanfed. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $50.48. You're not tied to anything after your purchase.
