Printer Friendly

OTTAWA – The Canadian Bar Association’s (CBA) Ethics and Professional Responsibility Committee has published the revised Code of Professional Conduct, which has been updated to reflect the realities of practising law in today’s society. The new Code contains major revisions in two areas: conflicts of interest and clients’ language rights.

“Standards of professional ethics form the backdrop for everything lawyers do. In adhering to codes of conduct, we uphold the long-standing values of our profession and ensure protection of the public,” says CBA President Kevin Carroll, Q.C. of Barrie, Ontario. “The revised Code makes an important contribution to the delivery of competent legal services according to the highest ethical traditions of our profession.”

For the first time, the CBA’s Code is available exclusively online, in fully searchable format. “This functionality allows lawyers quick and easy access to the document as well as the ability to search it and obtain results virtually instantly,” explains immediate past President Guy Joubert of Winnipeg.

Conflicts of Interest

Increasingly in recent years, lawyers and clients have found themselves facing situations of potential conflict of interest. “For example, clients who need specialized legal advice may have difficulty finding a lawyer who can act for them because of the limited number of practitioners in that specialty. That number can be further reduced as a result of an existing conflict,” says Kevin Carroll.

To help lawyers and clients deal with these situations, the CBA established a Task Force on Conflicts of Interest in Law Firms in 2007. The Task Force delivered its recommendations in 2008, and in 2009, the CBA approved the changes to amend the Code. The Task Force consulted widely with the profession in its 18 months of deliberations.

The changes to the Code on conflicts of interest focus primarily on lawyers’ duties of loyalty and confidentiality to clients. They also call for the appropriate use of engagement letters. These amendments can be seen in the new Code’s Interpretation, and in Chapters 3-6, 8-10, and 17.

Language Rights

Given the equal status of English and French in a number of Canadian jurisdictions, lawyers have a duty to know the rights and obligations of their clients and to fully advise those who have consulted with them. As well, the choice of language in front of any court, where the right to use an official language exists, is that of the client and not the lawyer.

The CBA’s Conference of French Speaking Common Law Members proposed that the Code be changed to reflect these language rights. Approved by the CBA in 2008, the changes are contained in the new Code’s Commentary in Chapter 2.

The CBA Code of Professional Conduct is available in fully searchable format on the CBA website. More information on the Code is also available online.

Also by the CBA's Ethics and Professional Responsibility Committee, are two other recent reports that supplement the Code:

• Your presence in the e-world: Guidelines for Ethical Marketing Practices Using New Information Technologies looks at how lawyers deal with new media and covers everything from e-mail tag lines to blog etiquette to web-based lawyer referral services.
• Guidelines for Practising Ethically with New Information Technologies highlights best practices when using an information technology, with emphasis on the need to preserve the security of information and to maintain client confidentiality and privacy.

-30-

MEDIA CONTACT:
Hannah Bernstein
The Canadian Bar Association
Tel: 613-237-2925, ext. 146
E-mail: hannahb@cba.org