Professional Responsibility

Legal Ethics and Professional Responsibility

Compiled by Eric B. Appleby (2006)
Ethics: the science of morals in human conduct (Canadian Oxford Dictionary (2nd Ed. 2004))

Legal ethics: That branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren, and to his client (Black’s Law Dictionary (6th Ed.) at page 894).

A study of ethics helps us to understand which actions are right and which actions are wrong. The legal ethics of lawyers is governed by the case law and the law society codes that govern the practice of law. The courts have for nearly one thousand years set standards of moral and ethical conduct for legal practitioners. In England a statute in 1274 dealt with abuses by lawyers by prohibiting, inter alia, a lawyer from being a partner in a case and from acting for both sides – see Legal Ethics by Mark M. Orkin (1957) at page 7.

Codes: all Canadian provinces and territories have adopted a code of professional conduct for lawyers plus supportive legislation. The codes set standards of conduct for lawyers that are designed to benefit the state, its justice systems and the members of the public – See Professional Conduct for Lawyers and Judges by Beverley G. Smith (2002) at chapter 1, para. 6.

The codes differ from province to province but they tend to have some common rules governing matters like conflict of interest. The codes are enforced by self-governing bar associations which have authority to discipline members. The codes and the relevant law society legislation and rulings do not cover every fact situation that may arise in a legal day, but they do offer discernable precepts for application to the matter at hand