Take for example
Federation Model Code Rule 5.1 - 2 (b), which tells a lawyer that when acting as an advocate she must not «knowingly assist or permit a client to do anything that the lawyer considers to be dishonest or dishonourable.»
Not exact matches
The
Federation of Law Societies of Canada's
Model Code of Professional Conduct identifies lawyers» responsibility to exercise power in the public interest.
Gavin Hume, Q.C., Chair, Standing Committee on the
Model Code of Professional Conduct
Federation of Law Societies of Canada
Meanwhile, in Canada, the
Federation of Law Societies of Canada has proposed changes to its
Model Code of Professional Conduct that would include a duty of technological competence that is similar to the ABA
Model Rule.
I am very pleased to let you know that the
Federation of Law Societies of Canada has launched the Interactive
Model Code of Professional Conduct, a new free online tool that links the provisions in the
Federation's
Model Code to the matching or related rules of professional conduct in every law society in Canada.
You are welcome to look at the
Model Code implementation map available on the
Federation's website for more information (http://flsc.ca/resources/implementation-of-the-
model-
code/).
The
federation's Standing Committee on the
Model Code of Professional Conduct is seeking feedback on this and other proposed changes to the
Model Code.
Users will be able to isolate specific sections of the
Federation's
Model Code and view the corresponding code of conduct of another jurisdict
Code and view the corresponding
code of conduct of another jurisdict
code of conduct of another jurisdiction.
Perhaps it is time for the
Federation of Law Societies of Canada to step in and formulate a
Model Code of Legal Citation, as they have done with the
Model Code of Professional Conduct, or their task force on the Canadian common law degree.
[4]
Federation of Law Societies of Canada,
Model Code of Professional Conduct, Chapter 5, Rule 5.1 - 5 and Commentary.
The
Federation of Law Societies»
model Code of Professional Conduct says that a «competent lawyer» will go as far as the retainer demands «investigating facts, identifying issues, ascertaining client objectives, considering possible options and developing and advising the client on appropriate courses of action.»
Here, the
Federation of Law Societies of Canada is now consulting on a change to its
Model Code which would see the commentary to the general rule on lawyer competence amended to add the following statement:
The
Federation of Law Societies of Canada's
Model Code of Professional Content defines competence as follows:
We are taught that we owe an undivided fealty to our clients, for whom we must advocate with a resolve tempered only by the duty to «advise and encourage a client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and... discourage the client from commencing... useless legal proceedings,» as the
Model Code drafted by the
Federation of Law Societies of Canada puts it.
The term «spirit» is mentioned in the
Federation of Law Societies
Model Code of Conduct but the rules are of no help in explaining how lawyers should exemplify spirit in their daily work.
Indeed, a search of the
Federation of Law Societies
Model Code of Professional Conduct reveals that the word «technology» appears only one time, and that's in the Preface to the
Code:
Recently, I've been giving a series of CLE presentations to in - house counsel on the lawyer's duty to encourage settlement of legal disputes and to recommend alternative dispute resolution — Rule 3.2 - 4 of the
Federation of Law Societies of Canada
Model Code of Professional Conduct.
The
Code came into effect in Nova Scotia on January 1, 2012 and has been amended from time to time since then based on changes in the
Model Code of Conduct of the
Federation of Law Societies of Canada.
In this post, I will discuss the lawyer's ethical obligations in ADR, as set out in the proposed amended Rules of Professional Conduct for the Law Society of Upper Canada that will implement the
Federation of Law Societies of Canada's
Model Code of Professional Conduct.
Document Commented On: The
Federation of Law Societies of Canada's
Model Code of Professional Conduct I like the
Federation of Law Societies»
Model Code of Conduct.
The rules in the
Federation's
Model Code of Professional Conduct governing conflicts of interest reflect the bright line rule and are consistent with the Court's decision.
He serves on the Ethics Committee of the Law Society of New Brunswick, and on the
Model Code Liaison Committee of the
Federation of Law Societies of Canada.
The
Federation has approved a
Model Code of Professional Conduct that has been implemented in whole or in part by all law societies except the Chambre des notaires in Quebec.
But the
Federation argued in McKercher that the intent of the
Model Code was to specifically prohibit retainers directly adverse to the immediate legal interests of current clients.
From 2005 to 2009 she was a member of the
Federation of Law Societies
Code of Conduct Committee and she currently continues to serve as a member of the
Federation's Standing Committee on the
Model Code of Conduct.
The
Federation of Law Societies immediately announced that the
Model Code was consistent with McKercher.
After harmonization through the
Federation of Law Societies
Model Code, the professional conduct rules across the country are now generally known as the Codes of Professional Conduct.
The amendments are based on the
Model Code of Professional Conduct adopted by the
Federation of Law Societies of Canada, the national coordinating body of Canadian law societies.
Adopted by Convocation on June 22, 2000, effective November 1, 2000 Amendments based on the
Federation of Law Societies
Model Code of Professional Conduct adopted by Convocation October 24, 2013, effective October 1, 2014 Amendments current to January 25, 2018 (see Amendment History)
The
Federation has established a Standing Committee on the
Model Code of Professional Conduct, which monitors professional conduct developments and changes in the law and recommends improvements to the
Model Code as law societies apply the rules.
Law societies across Canada are adopting the
Federation's
Model Code in support of national mobility and to promote public confidence in a self - regulated profession with a national set of common standards for professionalism and ethical behaviour.
May 2015 Update Under the leadership of LSN Member, Sacha Paul of Winnipeg, and guidance from Ross McLeod, Practice Advisor, the
Model Code Review Working Group is currently reviewing the new proposed
Federation of Law Societies of Canada
Model Code of Professional Conduct (
Model Code).
However, the
Federation of Law Societies of Canada's
Model Code Committee is currently studying the issue of rules for retired judges returning to practice.
I like the
Federation of Law Societies»
Model Code of Conduct.
Kudos to the
Federation's
Model Code Committee (chaired by Vancouver lawyer and former Law Society of BC President Gavin Hume, QC) for taking up the thorny but important ethical issues surrounding retired judges returning to practice.
Ongoing adoption of the
Federation of Law Societies»
Model Code of Professional Conduct by provincial law societies
See below for a Report and Request for Comments from
Federation of Law Society on the
Model Code of Professional Conduct.
In 2014 the
Federation amended the
Model Code to address this issue, and the risk evidenced by the experiences of the lawyer for Paul Bernardo, who was charged with obstruction of justice after failing to provide the Crown with videotapes showing his client sexual assaulting a number of victims (R. v. Murray, [2000] O.J. No. 2182, 48 O.R. (3d) 544 (Ont.
But to its credit, the
Federation's
Model Code Committee inspired by Professor Pitel's thorough and thoughtful article and by the comments of other academics, lawyers and judges over the past decade, is casting its net more broadly.
Certainly it is better than the
Federation of Law Societies»
model code on which it is based.
I do not like the extent to which provincial law societies have simultaneously adopted the
Federation's
Model Code and undermined its ability to create national standards governing lawyer behaviour.
The
federation's
model code of conduct states: «As a matter of access to justice, it is in keeping with the best traditions of the legal profession to provide services pro bono and to reduce or waive a fee when there is hardship or poverty or the client or prospective client would otherwise be deprived of adequate legal advice or representation.»
The
Federation of Law Societies»
Model Code of Professional Conduct, adopted in seven provinces, encourages lawyers to enhance the profession's standards and reputation by providing pro bono legal services.
In Canada, the
Model Code of Professional Conduct of the
Federation of Law Societies of Canada states in its preface:
Last month the
Federation of Law Societies of Canada released a long - awaited Report on Conflicts of Interest prepared by its Standing Committee on the
Model Code.
The various Canadian
codes governing lawyer conduct clearly prohibit a lawyer from knowingly assisting a client to engage in criminal, fraudulent or other unlawful activities (See, for example,
Federation of Law Societies
Model Code of Professional Conduct, («FLS
Code») Rule 3.2 - 7).
The third edition of Legal Ethics: Theories, Cases, and Professional Regulation has been adapted to reference the
Federation of Law Societies»
Model Code of Professional Conduct as its primary source of ethical rules, so that it may apply to all Canadian jurisdictions.