[1.2] If the complainant or potential complainant is not represented, counsel should respect the rules relating to unrepresented persons and specify that he or she is acting exclusively in the best interests of the accused. If the complainant or potential complainant needs protection, the lawyer must be careful not to take unfair or unfair advantage of the circumstances. When communicating with an unrepresented complainant or potential complainant, it is advisable to have a witness present. [13] Lawyers play a crucial role in preserving society. To fulfill this role, lawyers need to understand their relationship to our legal system. The rules of ethics, when properly applied, serve to define this relationship. (a) contravene or attempt to violate any of these rules, any requirement of the Law Society Act or its regulations or Acts, 7.1-3 Unless it is unlawful or constitutes a breach of solicitor-client privilege, a lawyer must report to the Law Society.[18] In general, rules 7.2-8 to 7.2-8.2 are not intended to: [1] Unless a lawyer who deviates from good conduct or professional competence is checked early, there may be loss or damage to clients or others. Evidence of minor violations may reveal a more serious situation in the investigation or indicate the occurrence of conduct that may lead to serious violations in the future. It is therefore appropriate (unless privileged or otherwise illegal) for a lawyer to report to the Company any case of violation of these rules. If a lawyer has doubts about preparing a report, they should consider seeking the company`s opinion directly or indirectly (for example, through another lawyer). In any case, the report must be made without malice or ulterior motives. [3] When it comes to client information in these situations, counsel must follow the provisions of Rules 3.3-1 to 3.3-6 (Confidentiality). 5.3-1 Subject to the rules of communication with a represented party set out in rules 7.2-4 to 7.2-8.2, a lawyer may request information from any potential witness, whether summoned or not, but the lawyer must disclose the lawyer`s interest and ensure that no evidence is compromised or suppressed or that the witness does not get in the way.
(a) this is permitted by law, court, court rules or court rules of procedure, or 7.1-4.3 If the client wishes to request a private agreement with the lawyer who is manifestly dishonest, the lawyer cannot continue to act if the agreement constitutes a violation of Article 141 of the Penal Code. Article 3.3-1 of the Code of Ethics requires a lawyer to “keep strictly confidential all information about the client`s business and affairs acquired during the course of the professional relationship. unless the client has expressly or implicitly authorized it, is required to do so by law or in court, is required to provide the information to the Law Society or is otherwise authorized by this Rule. A violation of this rule could lead to an investigation by the Law Society. Exceptions can be found in the code. (c) avoid conflicts of interest between the contracting entity and the civil society organisation. 3.4-8 Unless otherwise provided in Rule 3.4-9, counsel may not advise any of them on the matter at issue and the following rules apply, except as otherwise provided in Rule 3.4-9: who are the holders of the information. For example, in the case of a dismissal complaint in which the union alleges that the employer represented violated the collective agreement, a lawyer hired by a union is not prohibited from contacting employees who may have information about the dismissal or the events that led to the dismissal. [2] As a client representative, a lawyer performs various functions. As a consultant, a lawyer provides a client with a good understanding of the client`s legal rights and obligations and explains their practical implications. As a lawyer, a lawyer eagerly asserts the client`s position according to the rules of the opposite system. As a negotiator, a lawyer strives to achieve a result that is beneficial to the client, but that meets the requirements of an honest relationship with others.
As an appraiser, a lawyer acts by investigating a client`s legal affairs and reporting to the client or others. [3] Examples of violations of this rule could be the conclusion of transactions at non-market prices between the licensee who makes a referral and the licensee who receives the referral. Concrete examples could be non-market leases or cost-sharing agreements. Similarly, this rule could be violated if a licensee enters into legal advice, advice or any other relationship with a licensee who has received a referral for review that does not adequately reflect the work performed as such. [2] This rule does not apply when a lawyer is in possession of evidence proving a client`s innocence, such as evidence relevant to an alibi. However, counsel must exercise caution in determining whether such evidence is indeed exculpatory and therefore falls outside the scope of this rule. For example, if the evidence is both incriminating and exculpatory, mishandling of the evidence can result in a violation of the rule and expose a lawyer to criminal charges. 5.4-2 Subject to court directions, the lawyer must comply with the following rules regarding communication with witnesses: [3] The lawyer`s function as counsel is open and necessarily partisan.
Accordingly, the attorney is not obligated (except as required by law or these rules and subject to the obligations of a prosecutor listed below) to assist an adversary or advance matters prejudicial to the client`s cause. 3.4-27 – For the purposes of Rules 3.4-27 to 3.4-36[1] A lawyer representing a client who is a party to a dispute with one or more other parties shall competently and carefully develop and assert the client`s position. In a dispute, the immediate legal interests of the parties are clearly affected. If the lawyer were allowed to act in such circumstances, even with the consent of the opposing parties, the lawyer`s advice, judgment and loyalty to one client would be significantly and negatively affected by the same obligations to the other client or clients. In short, counsel would find it impossible to act without violating the rules of Section 3.4. 3.7-7 Subject to the rules of criminal procedure and court instructions, a lawyer resigns if [1] Rule 7.2-8 and rules 7.2-8.1 and 7.2-8.2 are intended to protect the client relationship between companies and other organizations by identifying persons with whom a lawyer cannot communicate, facilitate communication or act, if the lawyer represents a client in a matter concerning a company or organization and the company or organization is represented by a lawyer. They apply to disputes as well as to transactional and other out-of-court cases. A lawyer may contact a person from a corporation or other organization not referred to in rule 7.2-8, even if the partnership or organization is represented by counsel. These rules are designed to promote public policies to promote effective discovery and facilitate the disclosure of the truth by taking into account the circumstances in which a company or organization may prevent the disclosure of relevant evidence. They are not intended to protect a company or organization from the disclosure of adverse facts. You are required to promptly report serious concerns or violations of the Codes of Conduct.
(b) advise the client honestly and openly on the nature, scope and extent of the services that the lawyer may provide through the civil society organisation; and [2] If a lawyer does something that has the effect of receiving or giving a financial or other reward for recommending legal work, that rule will be violated, unless it can reasonably be assumed that the lawyer did so primarily for good faith purposes, except to obtain or give such a reward. 3.7-2 Subject to the rules relating to criminal procedure and court management, the lawyer may resign if there has been a serious loss of trust between the lawyer and the client. [4] A lawyer who provides legal services under a limited advance should consider how the opposing counsel`s communications should be handled in a case. See Rule 7.2-6A and Rules 7.2-8 to 7.2-8.2. 3.4-13 In Rules 3.4-14 to 3.4-16, “lending client” means a client who is a bank, trust, insurance company, credit union or financial corporation that lends money in the ordinary course of its business. [13] Conflict management may require consideration of other rules, e.g., [3] An employer should consider the impact of apparently “neutral” rules. Some rules, while applicable to all, may prohibit access to the company or impose additional hardship on employees of a gender or creed, ethnic origin, marital or marital status, or those who have (or develop) disabilities. For example, a law firm may have a written or unwritten dress code. It would be necessary to revise the dress code if it does not already accept that a head covering worn for religious reasons is considered part of acceptable business attire.
The maintenance of a rule with a discriminatory effect violates rule 6.3.1-3, unless a modification or elimination of the rule would result in unreasonable difficulties. [2] Counsel representing an accused or potential accused may contact a complainant or potential complainant, for example, to obtain factual information, to obtain redress or apology from the accused, or to defend or settle civil claims between the accused and the complainant.
